KluwerLawOnline.com - All Journal Titles http://www.kluwerlawonline.com/index.php?area=Journals en-gb Tue, 18 Jun 2013 21:01:45 -0500 Tue, 18 Jun 2013 21:01:45 -0500 http://www.rssboard.org/rss-specification Common Market Law Review, Introductory note http://www.kluwerlawonline.com/COLA2013032 Common Market Law Review
  • Content Type Journal Article
  • Part of Volume 50, Issue 1
  • Authors
    • Thomas Ackermann
  • Journal Common Market Law Review
  • Online ISSN 0165-0750
  • Print ISSN 0165-0750
    • ]]>     Mon, 03 Jun 2013 12:00:00 +0000 http://www.kluwerlawonline.com/COLA2013032     European Energy and Environmental Law Review, Nuclear Accidents: Human Rights Challenges in Criminal Proceedings http://www.kluwerlawonline.com/EELR2013007 European Energy and Environmental Law Review
  • Content Type Journal Article
  • Part of Volume 22, Issue 3
  • Authors
    • Robert Esser, International Criminal Law, Criminal Procedure Law.
  • Journal European Energy and Environmental Law Review
  • Online ISSN 0966-1646
  • Print ISSN 0966-1646
    • ]]>     Mon, 03 Jun 2013 12:00:00 +0000 http://www.kluwerlawonline.com/EELR2013007     European Energy and Environmental Law Review, Mainstreaming after Lisbon: Advancing Animal Welfare in the EU Internal Market http://www.kluwerlawonline.com/EELR2013008 European Energy and Environmental Law Review This article traces the evolution of EU animal welfare law and policy. What scope do Member States have to protect the welfare of animals? Two recent United Kingdom judgments are considered in which animal welfare was condoned as providing a justifiable reason for restricting the free movement of goods. In the absence of an EU animal welfare policy underpinned by a legal basis on which to adopt animal welfare laws, to what extent have the EU institutions legislated in order to protect the welfare of animals. Post Lisbon, what is the significance of the incorporation of animal welfare as a value on which the EU is premised? To what extent can the internal market provision be utilised to legislate for animal welfare? What potential does mainstreaming animal welfare hold for the development of EU animal welfare policy and law, for the CJEU and for compliance with EU animal welfare standards?

    • Content Type Journal Article
    • Part of Volume 22, Issue 3
    • Authors
      • Diane Ryland, Law School, University of Lincoln, UK.
      • Angus Nurse, Law School, Middlesex University, UK.
    • Journal European Energy and Environmental Law Review
    • Online ISSN 0966-1646
    • Print ISSN 0966-1646
    ]]>     Mon, 03 Jun 2013 12:00:00 +0000 http://www.kluwerlawonline.com/EELR2013008     European Energy and Environmental Law Review, United States Court Upholds Regulation of Greenhouse Gas Emissions: Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency http://www.kluwerlawonline.com/EELR2013009 European Energy and Environmental Law Review Last year, the US Court of Appeals (D.C. Circuit) upheld a series of findings, interpretations, and regulations that the Environmental Protection Agency (EPA) had issued as its first steps to limit the emissions of greenhouse gases under the Clean Air Act. First, EPA had made a finding that emissions of greenhouse gases from motor vehicles cause or contribute to an endangerment to the public health or welfare. Second, to address this endangerment, EPA together with the Department of Transportation, promulgated greenhouse gas emission and fuel efficiency standards for cars and light trucks for model years 2012 through 2016. EPA estimates that these standards will reduce greenhouse gas emissions by approximately 960 million metric tons of CO2 equivalent over the life of these model years. Third, EPA formally reaffirmed its interpretation that the motor vehicle emission standards - by regulating greenhouse gases under the Act - would trigger permitting requirements for greenhouse gas emissions from stationary facilities. These permitting requirements include the installation of best available control technology to reduce greenhouse gas emissions from new or modified facilities. Fourth, EPA issued regulations phasing in these permitting requirements over several years. Rejecting a multitude of challenges, the court upheld all these actions, thus paving the way for EPA to significantly regulate and limit greenhouse gas emissions from motor vehicles and stationary facilities.

    On 26 June 2012, the prominent US Court of Appeals for the District of Columbia Circuit handed the Barak Obama Administration a decisive, quadruple victory in its efforts to limit greenhouse gas emissions through regulations. The court upheld the finding of the US Environmental Protection Agency (EPA) that greenhouse gas emissions are reasonably anticipated to endanger public health and welfare. The court also upheld EPA regulations and interpretations that will require reductions in greenhouse gas emissions from motor vehicles and large stationary sources. The court reaffirmed its decision, denying a petition for rehearing, on 20 December 2012. The decision paves the way for significant mandatory reductions of greenhouse gas emissions in the US.

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