JASON J. CZARNEZKI

http://www.nytimes.com/2011/04/12/world/asia/12japan.html?_r=1&hp

Call for Submissions:

Coal: Stoking the Fire or Dousing the Embers

Now and through September 19, 2011, the Vermont Journal of Environmental Law (VJEL) invites scholars, professionals, and students alike to submit articles about the law, regulation, and policy of coal mining and combustion, coal ash disposal, transmittal of coal-derived energy, or related topics. At the source of many of our time’s greatest environmental and human health challenges lies this so-called black gold. This publication will provide a venue for authors to explore the effects of our reliance on coal, propose steps for how we might move beyond coal, and speculate about the effects of such a transition. Accepted articles will be published in VJEL’s Volume 13, as well as on our website, http://www.vjel.org.

Well written and thoroughly cited articles will be considered for publication. In addition to legal issues, article topics may also address political, economic, social, and scientific impacts of using coal for energy production.

Please send all submissions to tnececkas, with the subject line, “Coal VJEL Submission.” For questions regarding the article submission or review process, please contact Thomas Nececkas via email at tnececkas, or via telephone at (973) 202-2423.

Law

After attending a paper presentation which caused ideas to ferment, a Chinese colleague and I began an email dialogue about Administrative Law in China. Below are excerpts from the email chain. Things are getting somewhat clearer, but I remain unclear as to street-level implementation and standard of review (e.g., level of deference).

Dear Friend,

Quickly reviewing your comments, I think X (and many American scholars like myself) would benefit from learning more information on Chinese administrative law as it relates to review of “arbitrary and capricious review” of government actions. The American equivalent is found in section 706 of the Administrative Procedure Act. What is the Chinese equivalent and how is it implemented?

Thanks,

Jason

***

Jason,

Many thanks for your response. With respect to X’s research, government’s possible “arbitrary and capricious” actions related to permitting should subject to at least the following administrative laws:

(more…)

It’s always difficult to see difficult economic times leading to short-sighted decisions to cut programs that ultimately will cause increased harm in the future. Just like it’s difficult to see difficult economic times leading to short-sighted decisions to build infrastructure that ultimately will cause increased harm in the future. So roads get built instead of high-speed trains (see here and here), and now cities lose their recycling funding.

See the article here about how some of Dylan’s songs were deemed unacceptable to the Chinese government. The article concludes:

These are not the manifestations of a secure or confident society, especially one considered in the west to be the coming masters of the new century and a phenomenon almost as terrifying as that of globalised Islamism.

Ultimately, it all comes down to fear and paranoia. In the west, we’re scared of Islam and China; in China they’re still scared of Bob Dylan and the Rolling Stones, who are considered over here to be a bunch of eccentric pensioners who shot their respective bolts half a century back. Everybody concerned needs, essentially, to grow the hell up… and lighten the hell up. The times are always a-changin’, just neither as much as some of us hope, or as much as some of us fear.

Sometimes I read an article and just shake my head at the absurdity of it all—“Spraying to Make Yards Green … But With Paint, Not Water.” It seems to me that most of the options are highly problematic if you want to the “perfect” lawn because they include chemicals, excessive water use, fake grass (made with petroleum and high in carbon emissions), and/or paint. Natural landscapes seem to be the more ecological friendly options, so I think that means a desert landscape in Arizona, and that means never even cutting your grass in Vermont since it’s still under 3 feet of snow in April.

The U.S. State Department has released a report on China. See here. It is both a fascinating and highly critical document, especially as it relates to issues of rule of law and human rights. The Christian Science Monitor reports “US human rights report looks at China with concern.”

Hat Tip: Vermont Law School Student Brandon Gillen

When I was a Guest Researcher at Uppsala University my colleagues informed me of their environmental law journal. The Nordic Environmental Law Journal (no. 2011:1) has now been published and may be downloaded for free from http://www.nordiskmiljoratt.se. This issue includes two articles related to the implementation of the water framework directive in the Nordic states. A third article discusses the energy performance certification (energideklarationen) as an instrument for more efficient energy use in existing buildings.

VTdigger.com has an article about whether ANR needs to review Vermont Yankee’s water discharge into the Connecticut River since the nuclear power facility has an expired state thermal discharge permit. Vermont Law School is prominently featured.

According to a [Connecticut River Watershed Council] press release, the Vermont Law School’s Environmental and Natural Resources Law Clinic (ENRLC) filed a petition on behalf of the CRWC in February.

The petition asked the state Agency of Natural Resources (ANR) to require Vermont Yankee to “operate its closed-cycle cooling towers to reduce thermal impacts as well as reduce fish mortalities from the intake structure.”

“The ANR should move quickly to issue a new permit that brings Vermont Yankee into compliance with the Clean Water Act and ends the practice of using the Connecticut River as a waste receptacle,” said Pat Parenteau, senior counsel for the ENRLC.

“David Prosser gained 7,582 votes in Waukesha County, after a major counting error of Brookfield results was detected, County Clerk Kathy Nickolaus announced in a stunning development this afternoon.” See here and here.