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Issue

Volume 41, Issue 1 — January 2011

Articles

Environmental Criminal Law in China: A Critical Analysis

by Michael G. Faure and Hao Zhang

Recent literature describing how criminal law should ideally be shaped to play its crucial role in environmental governance holds that a combination of provisions should be utilized in order to enforce not only violations of administrative norms, but also unlawful emissions. To date, environmental criminal law in China is the result of norms to be found in a wide range of provisions and statutes covering a large number of crimes. The formulation of these norms is in some cases not very precise or clear. This piecemeal system naturally leaves gaps and weaknesses in Chinese environmental criminal law, creating a real need for a comprehensive law to enforce environmental protection.

Overview of Green Buildings

by J. Cullen Howe

This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 1 (J. Cullen Howe & Michael B. Gerrard eds. 2010). Copyright © 2010 by the American Bar Association and co-published with ELI Press. Reprinted by permission. This book provides an overview of green building law from a variety of well-know attorneys and other professionals in the green building field. These legal issues are likely to evolve quickly—and perhaps radically—in the coming years. Lawyers who read this book can expect to become better acquainted with the concept of green buildings; the wide variety of laws, regulations, and policies that are involved in their creation and development; and the legal issues that should be analyzed and considered.

Green Building Rating Systems and Green Leases

by Geoffrey M. White, Joshua Nichols, and Jeff York

This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010). Copyright © 2010 by the American Bar Association and co-published with ELI Press. Reprinted by permission. This book provides an overview of green building law from a variety of well-known attorneys and other professionals in the green building field. These legal issues are likely to evolve quickly—and perhaps radically—in the coming years. This Article highlights key legal issues practitioners should investigate and consider around Leadership in Energy and Environmental Design ratings and green leases.

Preventing Significant Deterioration Under the Clean Air Act: Area Classification, Initial Allocation, and Redesignation

by John-Mark Stensvaag

The CAA's PSD program is extraordinarily complex. This Article is the fourth in a series on PSD under the CAA. The first three Articles, which appeared in the December 2005, January 2006, and January 2008 issues of News & Analysis, focused on baselines, increments, and ceilings, and on the permit triggers for new facilities. In this Article, Prof. John-Mark Stensvaag turns his focus to the area classification system controlling the degree of air quality deterioration permitted in specific areas of the United States, to the initial allocations of geographic areas by Congress among the various classes, and to the process by which states and Native American tribes may redesignate certain areas to allow greater or lesser degrees of degradation.

Comment(s)

The Saga Continues—Howmet and the Ongoing Uncertainty of Solid Waste Regulation Under RCRA

by John L. Wittenborn and Eric Waeckerlin

It is said that nothing is constant except change. For industry trying to keep up with its environmental obligations, perhaps the more appropriate saying would be that nothing is constant except regulatory uncertainty. Under President Barack Obama, the U.S. Environmental Protection Agency (EPA) has pursued wide-sweeping regulatory initiatives under virtually every major environmental statute. These include the Agency's groundbreaking efforts to monitor and regulate mobile and stationary sources of greenhouse gases under the Clean Air Act. Complicating the regulatory landscape, the courts have overturned many of the George W. Bush EPA's rulemaking initiatives, sending the Agency back to the drawing board on a host of significant and broad-reaching rulemakings. As a result, industry faces perhaps the most uncertain environmental regulatory landscape in 20 years.