Digital Commons Network^™

Designing For Future Building Adaptive Reuse Using Adaptstar, Sheila Conejos, Craig Langston

Sheila Conejos

Designing future buildings with embedded adaptive reuse potential is a useful criterion for sustainability. Adaptive reuse is an emerging and significant design strategy that supports global climate protection and emissions reduction. Building adaptive reuse is a viable alternative to demolition and replacement; it entails less energy and waste, and can offer social benefits by revitalizing familiar landmarks and giving them a new lease of life. This paper describes the development of a new rating tool known as adaptSTAR, suitable for assessing future adaptive reuse potential at the time a building is designed. This paper reports on the methodology used to …

Designing For Future Building Adaptive Reuse Using Adaptstar, Sheila Conejos, Craig A. Langston

Craig Langston

Designing future buildings with embedded adaptive reuse potential is a useful criterion for sustainability. Adaptive reuse is an emerging and significant design strategy that supports global climate protection and emissions reduction. Building adaptive reuse is a viable alternative to demolition and replacement; it entails less energy and waste, and can offer social benefits by revitalizing familiar landmarks and giving them a new lease of life. This paper describes the development of a new rating tool known as adaptSTAR, suitable for assessing future adaptive reuse potential at the time a building is designed. This paper reports on the methodology used to …

Economic Writing On The Pressing Problems Of The Day: The Roles Of Moral Intuition And Methodological Confusion, Julie A. Nelson

Julie A. Nelson

Economists are often called on to help address pressing problems of the day, yet many economists are uncomfortable about disclosing the values that they bring to this work. This essay explores how an inadequate understanding of the role of methodology, as related to ethics and human emotions of concern, underlies this reluctance and compromises the quality of economic advice. The tension between caring about the problems, on the one hand, and writing within the existing culture of the discipline, on the other, are illustrated with examples from U.S. policymaking, behavioral economics, and the economics of climate change and global poverty. …

Essay: The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

James Salzman

Over the last several years, so-called “carbon markets” have emerged around the world. These markets trade different types of greenhouse gas credits. In this essay, we take a close look at an unexpected and unprecedented development – premium “green” currencies have emerged alongside and even displaced standard compliance currencies. Past experiences with other environmental compliance markets, such as the sulfur dioxide and wetlands mitigation markets, suggest the exact opposite should be occurring. Indeed, buyers in such markets should only be interested in buying compliance, not in the underlying environmental integrity of the compliance unit. In carbon markets, however, higher quality …

Fourth-Generation Environmental Law: Integrationist And Multimodal, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford

Donald G Gifford

The Article traces the origins of climate change litigation back to earlier forms of “public interest tort litigation,” including government actions against the manufacturers of cigarettes, handguns and lead pigment. Public interest tort litigation is different in kind from traditional tort actions, even asbestos and other mass products litigation. These new lawsuits address society-wide or even worldwide problems and seek judicially imposed regulatory regimes. As such, they more closely resemble civil rights litigation and what Abram Chayes deemed “the public law model” than they do earlier tort actions. I conclude that the public law model of tort litigation is the …

Property Rights On The New Frontier: Climate Change, Natural Resources Development, And Renewable Energy, Alexandra B. Klass

Alexandra B. Klass

This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control …

Recent Advances In The Climate Change Biology Literature: Describing The Whole Elephant, A. Townsend Peterson, Shaily Menon, Xingong Li

Shaily Menon

Climate change biology is seeing a wave of new contributions, which are reviewed herein. Contributions treat shifts in phenology and distribution, and both document past and forecast future effects. However, many of the current wave of contributions are observational and correlational, and few are experimental in nature, and too often a conceptual framework in which to contextualize the results is lacking. An additional gap is the lack of effective cross-linking among areas of research, for example, connection of sea-level rise and climate change implications for distributions of species, or evolutionary adaptation studies with distributional shift studies. Although numerous important contributions …

Late Quaternary Distribution And Biogeography Of The Southern Lake Eyre Basin (Sleb) Megafauna, South Australia, Steve Webb

Steve Webb

Understanding the population demography, species distribution and biogeography of Australia’s megafauna is essential for understanding their extinction. This process is only just beginning, and this article discusses these aspects while concentrating on a particular region; the southern Lake Eyre Basin (SLEB). It is also the first detailed description of the distribution of megafauna across that region of central Australia. The data are based on an extensive longitudinal study of 41 palaeontological sites spread across 250 000km2. Megafauna adaptation and response to extensive environmental change during the late Quaternary is reflected in the composition and distribution of 21 megafauna species found …

The Invading Waters: Climate Change Dispossession, State Extinction, And International Law, Jared D. Hestetune

Jared D Hestetune

The level of the sea is inevitably rising. Even the conservative estimates of the IPCC portray a dire future for low-lying island nations such as the Republic of Maldives. The future of an inundated state bodes ill for Maldives's continued participation in international relations. This essay analyzes the possibility of the persistence of a state after its territory has been submerged and destroyed, and it comes to the unfortunate conclusion that a submerged state will de facto become extinct in international law. Thus, entire nationalities will disappear, which likely consequence is strong motivation to protect the human right of national …

India’S Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in …

Finishing The Climate Change Puzzle: A Proposal For The United States National Climate Change Law, Carolyn Aguilar

Carolyn Aguilar

An analysis of the 2009-2010 Congressional climate change bill proposals and its potential impacts on international environmental agreements and its impacts on subnational climate change laws. This article proposes a potential best solution for a new national climate change law.

Local Surface Water Policy Under Conditions Of Climate Change, Elizabeth Brabec, Elisabeth Hamin, Chingwen Cheng

Elizabeth Brabec

Climate change means two things for local stormwater managers – that storm events will become more severe, and rainfall will, in many instances, become more erratic, causing enhanced periods of drought and flood. Two approaches are needed to deal with the eventualities: mitigation and adaptation.

While urbanization increases stormwater runoff and decreases the lag time of stormwater discharge, there is also a resulting lack of infiltration and reduction in evapotranspiration (Brunke and Gonser 1997). Stormwater detention, retention and infiltration have attempted to compensate, resulting in the concentrated point location infiltration of stormwater, which replenishes groundwater and baseflow. Equally important to …

Linking Global Climate And Temperature Variability To Widespread Amphibian Declines Putatively Caused By Disease, Jason R. Rohr, Thomas R. Raffel

Jason R. Rohr

The role of global climate change in the decline of biodiversity and the emergence of infectious diseases remains controversial, and the effect of climatic variability, in particular, has largely been ignored. For instance, it was recently revealed that the proposed link between climate change and widespread amphibian declines, putatively caused by the chytrid fungus Batrachochytrium dendrobatidis (Bd), was tenuous because it was based on a temporally confounded correlation. Here we provide temporally unconfounded evidence that global El Nino climatic events drive widespread amphibian losses in genus Atelopus via increased regional temperature variability, which can reduce amphibian defenses against pathogens. Of …

The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter

David B. Hunter

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …

Hannibal Eclipsed? Envelopment By Public Nuisance, Richard Faulk

Richard Faulk

Only recently, the ancient tort of public nuisance was “down” and in the process of being “counted out” when its expansion was rejected by the highest courts of New Jersey, Rhode Island, Missouri and Ohio. Within the past year, however, it was remarkably resuscitated by federal courts that approved it as a vehicle for redressing climate change and interstate pollution. Without the constraints of geography, public nuisance now “spans the globe” in an enveloping maneuver that threatens to reduce Hannibal’s legendary victory at Cannae to a mere neighborhood brawl. Unless the tort’s scope is narrowed by reviewing courts, its pincer …

(If) Things Fall Apart: Searching For Optimal Regulatory Solutions To Combating Climate Change Under Title I Of The Existing Clean Air Act If Congressional Action Fails, Timothy J. Mullins, M. Rhead Enion

Timothy J Mullins

The prospects for a Congressional climate change bill have lessened since the Copenhagen summit. If the legislative process fails, EPA may have a number of options available under the existing Clean Air Act to create a cap-and-trade program that could, in many ways, mimic a Congressionally-created regime. Under Title I in particular, EPA could have this type of authority under the NAAQS program (§§ 107–110) or the New Source Performance Standards and existing source regulation (§ 111(b) and (d)). This Article analyzes the potential of both of these sections and their associated regulatory programs to create a large-scale cap-and-trade program …

Eyes On The Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler

Jonathan H Adler

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved with current or projected levels of technology at a politically acceptable cost. Substantial technological innovation is required if the nations of the world are to come anywhere close to proposed emission reduction targets. Neither traditional federal support for research and development of new technologies nor traditional command-and-control regulations are likely to spur sufficient innovation. Technology inducement prizes, on the other hand, have the potential to incentivize and accelerate the rate of technological innovation in the …

The Theater Of Climate Change, Richard Faulk

Richard Faulk

President Obama's unilateralism promises nothing to avert planetary disasters, and since the fabled “green economy” is, at least presently, an elusive myth, one can only conclude that there must be another agenda: wealth redistribution for its own sake. If any other result is intended, it has not been credibly articulated. Unless a realistic, reliable and transparent program for replacing our wealth is created, siphoning current resources will diminish and ultimately extinguish American prosperity.

Not Only Innovation But Also Collaboration, Funding, Goodwill And Commitment: Which Role For Patent Laws In Postcopenhagen Climate Change Action, Estelle Derclaye

Estelle Derclaye

Patent laws can do their bit to help reduce our greenhouse gas emissions. In 2009, accelerated grant procedures and reduction of fees have been put in place by among others the UK and US patent offices. Private initiatives such as the eco-patent commons to licence technology free of charge have been taken. But greening patent law is only a small part of the solution. However well-intentioned all these initiatives are, for several reasons, they may not be sufficient or even at all used. More than intellectual property-related solutions, what will be needed is non-intellectual property-related solutions such as using technology …

Preliminary Global Assessment Of Terrestrial Biodiversity Consequences Of Sea-Level Rise Mediated By Climate Change, Shaily Menon, Jorge Soberon, Xingong Li, A. Townsend Peterson

Shaily Menon

Considerable attention has focused on the climatic effects of global climate change on biodiversity, but few analyses and no broad assessments have evaluated effects of sea-level rise on biodiversity. Taking advantage of new maps of marine intrusion under scenarios of 1 and 6 m sea-level rise, we calculated areal losses for all terrestrial ecoregions globally, with areal losses for particular ecoregions ranging from nil to complete. Marine intrusion is a global phenomenon, but its effects are most prominent in Southeast Asia and nearby islands, eastern North America, northeastern South America, and western Alaska. Making assumptions regarding faunal responses to reduced …

The Winter Of Our Discontent: The Impact Of Copenhagen's Failure, Richard Faulk

Richard Faulk

Far from treating climate change as a “universal” problem that transcends national boundaries, the Copenhagen conference devolved into a frustrating exercise in nationalism, where individual nations, or groups of nations, tried to satisfy their particular needs, as opposed to redressing global climate problems. Now that Copenhagen’s uproar has faded, it is appropriate to evaluate the consequences of the conference’s failure for American industry.

Participation In The First Cdm Project: The Role Of Property Rights, Social Capital And Contractual Rules, Yazhen Gong, Gary Bull, Kathy Baylis

Kathy Baylis

Paying developing countries for carbon sequestration is seen as a vital component of climate change mitigation. If appropriately designed, these payments can also transfer income to poor villagers, which can aid both the long-term sustainability of the carbon sequestered, as well as meeting the goal of poverty reduction. However, to encourage the participation of small-scale producers, a CDM forest project must offer sufficient incentives with minimal costs to participants. Both incentives and costs are embedded in property rights, social capital and contractual rules. In this paper, we ask what factors affect participation in the world’s first CDM project, established in …

Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert L. Glicksman

Robert L. Glicksman

The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.

This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch …

Lost In Translation? A Boundary Work Perspective On Making Climate Change Governable, Robert Hoppe

Robert Hoppe

No abstract provided.

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Noah D. Hall, Robert H. Abrams

Noah D Hall

Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation’s water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …

Individualism Submerged: Climate Change And The Perils Of An Engineered Environment, Juliet P. Stumpf, Daniel J. Chepaitis, Andrea Panagakis

Juliet P Stumpf

Current approaches to addressing the negative impacts of climate change rely on collective capabilities. Welfare economics and contractualism, the two conventional perspectives that dominate the debate, support the pursuit of adaptive strategies such as large-scale geoengineering projects to reduce solar radiation or ameliorate sea-water inundation. In place of returning greenhouse gas emissions to natural levels, these approaches put the global climate system and compensation for losses resulting from climate change under the control of some group of fellow humans. In other words, they privilege mechanisms that increase each individual=s dependence on a collective decisionmaker and decrease the individual=s capacity to …

Changes In Extreme Climate Indices For The Northeastern United States, 1870-2006, Paula J. Brown, Raymond S. Bradley, Frank T. Keimig

Raymond S Bradley

The northeastern United States is one of the most variable climates in the world, and how climate extremes are changing is critical to populations, industries, and the environment in this region.Along-term (1870–2005) temperature and precipitation dataset was compiled for the northeastern United States to assess how the climate has changed. Adjustments were made to daily temperatures to account for changes in mean, variance, and skewness resulting from inhomogeneities, but precipitation data were not adjusted. Trends in 17 temperature and 10 precipitation indices at 40 stations were evaluated over three time periods—1893–2005, 1893– 1950, and 1951–2005—and over 1870–2005 for a subset …

Climate Change, Sustainable Development, And Ecosystems: 2009 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.

Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson

John C. Dernbach

This article explains why states and localities need to be full partners in a national climate change effort based on federal legislation or the existing Clean Air Act. A large share of reductions with the lowest cost and the greatest co-benefits (e.g., job creation, technology development, reduction of other pollutants) are in areas that a federal cap-and-trade program or other purely federal measures will not easily reach. These are also areas where the states have traditionally exercised their powers—including land use, building construction, transportation, and recycling. The economic recovery and expansion will require direct state and local management of climate …