JASON J. CZARNEZKI

As a Chicago alum, I was happy to see Brian Leiter’s blog post, “Congratulations to the Chicago Alumni Who Accepted Tenure-Track Positions for Next Year.” A hearty congratulations from me as well!

In providing interesting substantive additions to the debate about whether China’s Clean Energy Successes Represent a New “Sputnik Moment” for America, Professor Joel Eisen just sent me two interesting articles on the Green Energy Race with China:

China’s Renewable Energy Law: A Platform for Green Leadership? (paper available online)

The New Energy Geopolitics?: China, Renewable Energy, and the “Greenteach Race” (full version of paper not available online)

Tonight I’ll be on the local Vermont television show “The Thirty” at 5:30pm on WCAX Channel 3 discussing my new book.

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