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Articles 1 - 20 of 20
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Critics Float Legal Theories To Challenge Pruitt's Science Advisor Policy, Maria Hegstad
Critics Float Legal Theories To Challenge Pruitt's Science Advisor Policy, Maria Hegstad
Sabin Center for Climate Change Law
House Democrats and a Columbia University law professor are detailing possible legal arguments that could be used to challenge Administrator Scott Pruitt’s controversial new directive barring scientists who are receiving an EPA research grant from serving on one of its scientific advisory committees.
I Beg To Differ: Taking Account Of National Circumstances Under The Paris Agreement, The Icao Market-Based Measure, And The Montreal Protocol’S Hfc Amendment, Susan Biniaz
Sabin Center for Climate Change Law
This paper explores the different ways in which negotiators to three recent environmental instruments accounted for different national circumstances in formulating commitments and other aspects of cooperation in the instruments. The author finds that the negotiators of these instruments have significantly expanded the arsenal of differentiation tools based on considerations pertaining to logic, fairness, limited capacity, and negotiating leverage.
How Existing Environmental Laws Respond To Climate Change And Its Mitigation, Justin Gundlach
How Existing Environmental Laws Respond To Climate Change And Its Mitigation, Justin Gundlach
Sabin Center for Climate Change Law
Existing environmental laws interact with public health priorities and with aspects of the changing climate in numerous and varied ways. This chapter does not attempt to catalogue those interactions, but instead focuses on two that are especially important and illustrative of the operation and limitations of existing environmental laws vis-à-vis climate change-driven challenges. The first interaction is between pollution levels boosted by climate change and pollution control laws that employ health-based standards to determine pollution limits. The second is between a wider array of existing laws and the effects of climate change mitigation measures on public health. Examining these interactions …
The Price Of Climate Deregulation: Adding Up The Costs And Benefits Of Federal Greenhouse Gas Emission Standards, Nadra Rahman, Jessica A. Wentz
The Price Of Climate Deregulation: Adding Up The Costs And Benefits Of Federal Greenhouse Gas Emission Standards, Nadra Rahman, Jessica A. Wentz
Sabin Center for Climate Change Law
Federal climate regulations are currently under attack, in part due to the perception that these regulations will impose excessive costs on regulated industries and society as a whole. But according to federal projections, the benefits of these regulations would significantly outweigh the costs. We added up the projected economic impacts of major federal rules aimed at reducing greenhouse gas emissions and found that the net benefits could reach nearly $300 billion per year by 2030. The rules will also generate a variety of non-monetized benefits, such as improved public health outcomes and the creation of jobs, as well as climate …
Putting Green Infrastructure On Private Property In New York City, Justin Gundlach
Putting Green Infrastructure On Private Property In New York City, Justin Gundlach
Sabin Center for Climate Change Law
New York City, like other cities that built combined sewer systems in the early twentieth century, is embarking on the reconfiguration of its approach to stormwater management – one that shifts away from exclusive reliance on “grey infrastructure” (asphalt, pipes, tunnels, sea walls) to greater reliance on “green infrastructure” (green roofs, bioswales, rain gardens, permeable pavements, coastal wetlands). That reconfiguration will entail physical changes as well as changes to the regulation and financing of stormwater management. And, underlying these physical, regulatory, and financial changes is New Yorkers’ role in managing and paying for stormwater runoff – that too must change …
Transparency And Icao's Aviation Offsetting Scheme: Two Separate Concepts?, Aoife O'Leary
Transparency And Icao's Aviation Offsetting Scheme: Two Separate Concepts?, Aoife O'Leary
Sabin Center for Climate Change Law
The International Civil Aviation Organisation (ICAO), the UN specialised body for aviation, is developing a scheme to reduce the climate impact of aviation emissions, the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). From 2021, participating countries will (voluntarily at first) offset any growth in CO2 aviation emissions above the level those emissions have reached in 2020. This paper does not consider the climate implications of the scheme but rather focuses on whether the governance structure under which the scheme is being developed – especially its transparency and opportunities for public participation – meets an appropriate standard, given the …
To Negotiate A Carbon Tax: A Rough Map Of Policy Interactions, Tradeoffs, And Risks, Justin Gundlach
To Negotiate A Carbon Tax: A Rough Map Of Policy Interactions, Tradeoffs, And Risks, Justin Gundlach
Sabin Center for Climate Change Law
Sooner or later, the federal government will assign a price to carbon dioxide emissions via legislation. The contents of that legislation will reflect negotiated agreement – built on various political tradeoffs – over a host of policy issues, ranging from taxes to energy efficiency standards. These tradeoffs would implicate not only the scope and price assigned by the carbon pricing policy, but also the policies with which it would interact. This paper anticipates that price will take the form of a carbon tax and describes interactions between that tax and various existing and proposed policies relating to climate change, energy, …
Act Locally, Reflect Globally: A Checklist Of Options For U.S. Cities And States To Engage Internationally In Climate Action, Susan Biniaz
Act Locally, Reflect Globally: A Checklist Of Options For U.S. Cities And States To Engage Internationally In Climate Action, Susan Biniaz
Sabin Center for Climate Change Law
U.S. cities and states are increasingly asking how they can play a more visible and active role in international climate change efforts.
Cities and states have obvious incentives to take action to mitigate and adapt to climate change. But why engage internationally? They may seek to demonstrate leadership or gain appropriate recognition for “doing their part.” They may want to inspire others to follow suit or support them in doing so, such as through exchanging best practices. They may seek to join the global march toward low-emission and resilient societies. Or they may want to show the world that U.S. …
The Energy Improvement Of The Urban Existing Building Stock: A Proposal For Action Arising From Best Practice Examples, Teresa Parejo-Navajas
The Energy Improvement Of The Urban Existing Building Stock: A Proposal For Action Arising From Best Practice Examples, Teresa Parejo-Navajas
Sabin Center for Climate Change Law
Improving energy efficiency in existing buildings presents an opportunity for reducing greenhouse gas emissions. Numerous measures meant to increase efficiency and decrease emissions have been implemented in cities across Europe and the United States. Standing out from the rest is New York City, a remarkable example of commitment to the fight against climate change. The city has urged its authorities to take important measures in order to eliminate (or at least diminish) the adverse effects resulting from its special characteristics, great urban density, and large percentage of greenhouse gas emissions coming from an aged building stock. Yet there is always …
Downstream And Upstream Greenhouse Gas Emissions: The Proper Scope Of Nepa Review, Michael Burger, Jessica A. Wentz
Downstream And Upstream Greenhouse Gas Emissions: The Proper Scope Of Nepa Review, Michael Burger, Jessica A. Wentz
Sabin Center for Climate Change Law
Recently, legal controversies have arisen regarding the scope of greenhouse gas emissions that should be considered in environmental reviews of fossil fuel extraction and transportation proposals under the National Environmental Policy Act (“NEPA”). The key question is whether and how agencies should account for emissions from activities that occur “downstream” from the proposed action, such as the combustion of fossil fuels, and emissions from activities that occur “upstream” of the proposed action, such as the extraction of fossil fuels. This question is important, because consideration of such emissions can alter the balance of costs and benefits for a proposed project …
Planning For The Effects Of Climate Change On Natural Resources, Jessica A. Wentz
Planning For The Effects Of Climate Change On Natural Resources, Jessica A. Wentz
Sabin Center for Climate Change Law
Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining to climate change adaptation should be incorporated into existing planning processes, yet this topic is still treated as an afterthought in many planning documents. Only a few federal agencies have published guidance on how managers should consider climate change impacts and their management implications. This Article explains why these agencies are legally required to consider climate- related risks in planning processes, and presents recommendations and a model protocol for conducting …
Climate Legislation And Litigation In Brazil, Gabriel Wedy
Climate Legislation And Litigation In Brazil, Gabriel Wedy
Sabin Center for Climate Change Law
Brazil plays a major role in the global fight against climate change, especially because of its vast forests. However, the amount of deforestation now occurring is in great dispute. Between August 2014 and July 2015, for example, deforestation in the Amazon rainforest increased by 215% according to Imazon Research Institute. Contrarily, according to the Brazil Government, the increase was only 16%.
This paper discusses the role that legislation and litigation are playing, and the roles they may and should play in the future, in combatting deforestation and other factors relevant to climate change in Brazil.
10 Questions To Ask About The Proposed “Global Pact For The Environment”, Susan Biniaz
10 Questions To Ask About The Proposed “Global Pact For The Environment”, Susan Biniaz
Sabin Center for Climate Change Law
There is no doubt that more needs to be done, both nationally and internationally, to protect the environment. It is tempting, particularly during the Trump era, to welcome any concerted effort to do so. The issue is whether the proposed “Global Pact” is the right vehicle for enhancing environmental protection.
The Global Pact was launched this past June in Paris, with support from, among others, President Macron of France and former California Governor Arnold Schwarzenegger. At least in its preliminary state, the Pact reflects broad, cross-cutting principles in legally binding form. France intends to seek support at the upcoming UN …
Appliance And Equipment Efficiency Standards: A Roadmap For State And Local Action, Peter Ross
Appliance And Equipment Efficiency Standards: A Roadmap For State And Local Action, Peter Ross
Sabin Center for Climate Change Law
For decades, federal energy and water efficiency standards have demonstrably saved consumers money, reduced pollution, and increased grid reliability. The U.S. Department of Energy (“DOE”) periodically reviews standards and test procedures for more than 60 products, representing about 90% of home energy use, 60% of commercial building energy use, and 30% of industrial energy use. Due in part to their incremental nature and proven track record of success, these standards have been relatively uncontroversial, and often have been reached via consensus between manufacturers seeking regulatory certainty and environmental advocates seeking greater efficiency.
Recently, however, the political winds have shifted. Immediately …
A Call To Action For New Yorkers, Jeffrey Gracer, Michael Mahoney
A Call To Action For New Yorkers, Jeffrey Gracer, Michael Mahoney
Sabin Center for Climate Change Law
President Donald Trump's announcement last week that he will begin the process of withdrawing the United States from the Paris Climate Change Agreement is a deeply disappointing decision, one that jeopardizes the future of the planet and cedes U.S. leadership on international climate action.
The Status Of Climate Change Litigation: A Global Review, Michael Burger, Justin Gundlach
The Status Of Climate Change Litigation: A Global Review, Michael Burger, Justin Gundlach
Sabin Center for Climate Change Law
Over the last decade, laws codifying national and international responses to climate change have grown in number, specificity, and importance. As these laws have recognized new rights and created new duties, litigation seeking to challenge either their facial validity or their particular application has followed. So too has litigation aimed at pressing legislators and policymakers to be more ambitious and thorough in their approaches to climate change. In addition, litigation seeking to fill the gaps left by legislative and regulatory inaction has also continued. As a result, courts are adjudicating a growing number of disputes over actions – or inaction …
The Application Of Open Records Laws To Publicly Funded Science, Lauren Kurtz
The Application Of Open Records Laws To Publicly Funded Science, Lauren Kurtz
Sabin Center for Climate Change Law
The federal Freedom of Information Act (FOIA) and the state law equivalents promote government transparency by allowing citizens to request copies of administrative records. Any citizen can file a request with a government entity for copies of government documents, and the government must either produce the information or explain why it is exempt from production (for example, for national security purposes).
While these laws were originally written with an eye toward policy makers and bureaucrats, in recent years, these open records laws have been used increasingly to request information from publicly funded scientists. Scientists employed by federal agencies, state agencies, …
Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany M. Webb
Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany M. Webb
Sabin Center for Climate Change Law
Does the law permit the New York Independent Service Operator (NYISO) to incorporate, directly or indirectly, a carbon price into New York State’s wholesale electricity market? And, if so, what is the appropriate design of a carbon pricing scheme for the NYISO market? For example, at what level should a carbon price be set and when/how should it be adjusted? How should the revenues generated by such a price be used? What impact (if any) will it have on the Regional Greenhouse Gas Initiative (RGGI) and New York’s Clean Energy Standard? This working paper explores answers to those questions with …
How Did Federal Environmental Impact Statements Address Climate Change In 2016?, Saloni Jain, Omri Klagsbald, Giovanna Leigh Crozier-Fitzgerald, Taylor Quinn, Elana Sulakshana
How Did Federal Environmental Impact Statements Address Climate Change In 2016?, Saloni Jain, Omri Klagsbald, Giovanna Leigh Crozier-Fitzgerald, Taylor Quinn, Elana Sulakshana
Sabin Center for Climate Change Law
In partnership with the Sabin Center for Climate Change Law, this project surveyed 31 federal environmental impact statements (EISs) published from September through November 2016. The objective was to evaluate how federal agencies were implementing the guidance released in August 2016 by the Council on Environmental Quality (CEQ) on how to account for climate change and greenhouse gas (GHG) emissions in the environmental review process.
Increasing Gasoline Octane Levels To Reduce Vehicle Emissions: A Review Of Federal And State Authority, Romany M. Webb
Increasing Gasoline Octane Levels To Reduce Vehicle Emissions: A Review Of Federal And State Authority, Romany M. Webb
Sabin Center for Climate Change Law
This paper explores the potential for federal and/or state regulation of gasoline octane levels. At the federal level EPA is authorized to regulate the components and/or characteristics of gasoline under section 211 of the Clean Air Act. Pursuant to that section, EPA may regulate octane if evidence before it demonstrates that switching to high octane gasoline is necessary to achieve vehicle carbon dioxide emissions standards (i.e., adopted under section 202 of the Clean Air Act) or would significantly reduce the costs of achieving those standards. If EPA promulgates regulations, or publishes a finding that regulation is unnecessary, state regulatory action …