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Sabin Center For Climate Change Law Annual Report 2023, Sabin Center For Climate Change Law

Sabin Center for Climate Change Law

This year the Sabin Center for Climate Change introduces its first annual report, which highlights and synthesizes our cutting-edge research and innovative engagements in 2023.

Natural Gas Induced Vegetation Stress Identification And Discrimination From Hyperspectral Imaging For Pipeline Leakage Detection, Pengfei Ma, Ying Zhuo, Genda Chen, Joel G. Burken

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Remote Sensing Detection of Natural Gas Leaks Remains Challenging When using Ground Vegetation Stress to Detect Underground Pipeline Leaks. Other Natural Stressors May Co-Present and Complicate Gas Leak Detection. This Study Explores the Feasibility of Identifying and Distinguishing Gas-Induced Stress from Other Natural Stresses by Analyzing the Hyperspectral Reflectance of Vegetation. the Effectiveness of This Discrimination is Assessed Across Three Distinct Spectral Ranges (VNIR, SWIR, and Full Spectra). Greenhouse Experiments Subjected Three Plant Species to Controlled Environmental Stressors, Including Gas Leakage, Salinity Impact, Heavy-Metal Contamination, and Drought Exposure. Spectral Curves Obtained from the Experiments Underwent Preprocessing Techniques Such as Standard …

Investing In Climate: A Role For 'Sovereign Climate Funds', Marianna Kozintseva, Thierry Wizman

Sim Kee Boon Institute for Financial Economics

Efforts to address climate change have generally been focused on deploying mitigation technologies. However, it is adaptation technologies (and climate risk transfer) that will have to gain an increasing share of an investment pool dedicated to climate if human systems are to stay resilient to climate forces. Just like mitigation projects, adaptation projects have a strong public goods aspect, wherein public returns exceed private returns, and thus call for the state’s involvement. We argue that sovereign climate funds (SCFs) - new types of sovereign wealth funds with a climate investment mandate - can be critical purpose-built conduits especially for undertaking …

Navigating Sustainable Futures, Franziska Zimmermann

Asian Management Insights

A leadership imperative.

“No Matter How Hot It Is, You Just Have To Do The Work”: Examining Farmworkers’ Experiences With Heat And Climate Change In Idaho, Carly Hyland, Delmy Flores, Grace Augusto, Irene Ruiz, Marielena Vega, Rulon Wood

Public Health and Population Science Faculty Publications and Presentations

Introduction: Farmworkers are one of the populations most vulnerable to climate change. In addition to disproportionate exposure to climate-intensified hazards such as extreme heat and wildfire smoke, many farmworkers face situational and psychosocial stressors that also impact their health.

Methods: We conducted open-ended interviews with 16 farmworkers in Southcentral Idaho during June-August 2023 as part of a digital storytelling project in partnership with the Idaho Organization of Resource Councils (IORC). Interviews assessed participants’ experiences with climate change, perceived impacts on their health, and strategies and barriers to protecting themselves. Bilingual (English/Spanish) study staff translated and transcribed all video recordings verbatim, …

It Is (Finally) Time For And Advisory Opinion On Climate Change: Challenges And Opportunities On A Trio Of Initiatives, Maria Antonia Tigre

Sabin Center for Climate Change Law

In recent years, the number and diversity of climate-related lawsuits have increased, with courts in over seventy jurisdictions now handling such cases. After the expansion through domestic courts, stakeholders worldwide are turning to international courts and tribunals to help define the responsibilities of states in light of the climate crisis. Three initiatives requesting advisory opinions to international courts or tribunals have been announced within six months. These advisory opinions could have significant implications for international climate change law, defining the human rights obligations of states (and potentially corporations) in light of the climate crisis. It is expected the International Court …

Common But Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options For Improving Un Environmental Law And Governance? Us And Latin American Perspectives, Erin Daly, Maria Antonia Tigre, Natalia Urzola

Sabin Center for Climate Change Law

Environmental law and governance have taken many different forms in the Americas in response to climate change mitigation. This contribution describes recent developments in the United States, Colombia, and Brazil, illustrating the divergent approaches to climate protection. The chapter highlights the common but differentiated ways in which the three countries in the Americas approach environment constitutionalism in the midst of the climate crisis. On one hand, Brazil and Colombia adopt a rights-based approach to tackle complex issues related to environmental law and governance in their context-specific responses to climate protection. In particular, the courts of Colombia and Brazil have been …

A 2,000-Year Record Of Eelgrass (Zostera Marina L.) Colonization Shows Substantial Gains In Blue Carbon Storage And Nutrient Retention, Martin Dahl, Martin Gullström, Irene Bernabeu, Oscar Serrano, Carmen Leiva-Dueñas, Hans W. Linderholm, Maria E. Asplund, Mats Björk, Tinghai Ou, J. Robin Svensson, Elinor Andrén, Thomas Andrén, Sanne Bergman, Sara Braun, Anneli Eklöf, Zilvinas Ežerinskis, Andrius Garbaras, Petter Hällberg, Elin Löfgren, Malin E. Kylander, Pere Masqué, Justina Šapolaitė, Rienk Smittenberg, Miguel A. Mateo

Research outputs 2022 to 2026

Assessing historical environmental conditions linked to habitat colonization is important for understanding long-term resilience and improving conservation and restoration efforts. Such information is lacking for the seagrass Zostera marina, an important foundation species across cold-temperate coastal areas of the Northern Hemisphere. Here, we reconstructed environmental conditions during the last 14,000 years from sediment cores in two eelgrass (Z. marina) meadows along the Swedish west coast, with the main aims to identify the time frame of seagrass colonization and describe subsequent biogeochemical changes following establishment. Based on vegetation proxies (lipid biomarkers), eelgrass colonization occurred about 2,000 years ago after geomorphological changes …

Fauna, Flora, And Land Cover Changes Over The Last Two Decades In The Mobile-Tensaw River Delta, Gabriel De Oliveria, Steven R. Schultze, Guilherme Mataveli

Technical Reports

A technical report documenting ecosystem changes to the Mobile-Tensaw River Delta region due to urban expansion over approximately two decades (2001-2019).

Using Evidence-Based Scientific Research To Influence Dietary Behavioral Change: Taking A Look In The Mirror, Clifton P. Bueno De Mesquita, Ylenia Vimercati Molano, Lara Vimercati, P. Jacob Bueno De Mesquita

Arts & Sciences Faculty Publications

Science can provide accurate information to society to inform decision-making and behavior. One contemporary topic in which the science is very clear, yet behavioral change has lagged, is climate change mitigation. Climate change scientists use evidence-based research to advocate to the public to adopt emission-reducing behaviors in various sectors such as transportation and food. However, scientists themselves often do not change their own behaviors according to the scientific consensus. We present a case study of a group of natural sciences PhD students, who, when presented with evidence and an opportunity for a behavioral change with implications for climate change mitigation, …

Deconstructing The Mangrove Carbon Cycle: Gains, Transformation, And Losses, M. F. Adame, N. Cormier, P. Taillardat, N. Iram, A. Rovai, T. M. Sloey, E. S. Yando, J. F. Blanco-Libreros, M. Arnaud, T. Jennerjahn, C. E. Lovelock, D. Friess, G. M. S. Reithmaier, C. A. Buelow, S. M. Muhammad-Nor, R. R. Twilley, R. A. Ribeiro

Biological Sciences Faculty Publications

Mangroves are one of the most carbon-dense forests on the Earth and have been highlighted as key ecosystems for climate change mitigation and adaptation. Hundreds of studies have investigated how mangroves fix, transform, store, and export carbon. Here, we review and synthesize the previously known and emerging carbon pathways in mangroves, including gains (woody biomass accumulation, deadwood accumulation, soil carbon sequestration, root and litterfall production), transformations (food web transfer through herbivory, decomposition), and losses (respiration as CO₂ and CH₄, litterfall export, particulate and dissolved carbon export). We then review the technologies available to measure carbon fluxes in …

The Once And Future Clean Air Act: Impacts Of The Inflation Reduction Act On Epa's Regulatory Authority, Nicholas Bryner

Journal Articles

The Clean Air Act is one of Congress's greatest success stories. The major piece of legislation, passed in the context of environmental and public health crises, has driven technological change through regulation that has dramatically improved air quality even in a prolonged period of economic growth. In the context of climate change, however, despite many efforts since the 1990s, the Clean Air Act has not proven to be a successful legislative tool. Instead, the Act has faced complex obstacles in the statutory language and a trend in Supreme Court jurisprudence-leading up to and including the June 2022 decision in West …

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

Faculty Works

The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

The Impacts Of Anthropogenic Activity And Climate Change On The Formation Of Harmful Algal Blooms (Habs) And Its Ecological Consequence, Zhangxi Hu, Aifeng Li, Zhun Li, Margaret R. Mulholland

OES Faculty Publications

No abstract provided.

Urban Nature Indexes Tool Offers Comprehensive And Flexible Approach To Monitoring Urban Ecological Performance, Jennifer Rae Pierce, Laura Costadone, Lelani Mannetti, Joeri Morpurgo, Charlyn Elaine Green, Michael D. Halder, Pablo Arturo Lopez Guijosa, Abner L. Bogan, Russell Galt, Jonathan Hughes

ODU Articles

We present the Urban Nature Indexes (UNI), a comprehensive tool that measures urban ecological performance under one standard framework linked to global commitments. The UNI was developed by interdisciplinary experts and evaluated by practitioners from diverse cities to capture each city’s ecological footprint from local to global scale. The UNI comprises six themes (consumption drivers, human pressures, habitat status, species status, nature’s contributions to people, and governance responses) that encompass measurable impacts on climate change, biodiversity loss, ecosystem services, pollution, consumption, water management, and equity within one comprehensive system. Cities then adapt the UNI to their context and capacity by …

Renewable Energy Stocks' Performance And Climate Risk: An Empirical Analysis, Lingyu Li, Xianrong Zheng, Shuxi Wang

Information Technology & Decision Sciences Faculty Publications

This article studies the relationship between renewable energy stocks’ performance and climate risk. It shows that publicly held renewable energy stocks underperform as a reaction to climate policy information releases, modeled by feed-in tariff (FIT) legislation announcements. The study examined stock price behaviors 2 days before and 30 days after FIT policy announcements. The stock sample used in the study has 3702 firm-day combinations, which included 180 cleantech firms and 32 events from 2007 to 2017. Based on the residual analysis of the sample’s abnormal return, it indicated that the FIT announcements are associated with significant declines in returns. The …

Virtual Energy, Joel B. Eisen, Felix Mormann, Heather E. Payne

Faculty Scholarship

From employment to education, many areas of our daily lives have gone virtual, including the virtual workplace and virtual classes. By comparison, the way we generate, deliver, and consume electricity is an anachronism. And the electric industry’s outdated business model and regulatory framework are failing. For the last century-and-a-half, we have relied on ever larger power plants to generate the electricity we consume, often hundreds of miles away from the point of production. But the outsized carbon footprint of these power plants and the need to transmit their output over long distances threaten the electric grid’s reliability, affordability, and long-term …

The Structure Of U.S. Climate Policy, Michael Pappas

Publications

Urgent emission reduction and community adaptation efforts are necessary to avert catastrophic climate-change harms. To assess our nation’s progress toward such efforts, this Article develops a comprehensive structural analysis of U.S. climate policy at the federal, state, and local levels. It observes that current climate policies reflect disparate federal, state, and local strategies around emissions regulation, emission reduction subsidies, adaptation, and liability approaches. The Article then analyzes the dynamics between federal, state, and local strategies in these policy areas.

This examination leads to some surprising conclusions. Under current policy alignments, further emission regulation measures do not appear to be realistic …

Corporate Climate Targets: Between Science And Climate Washing, Nadav Orian Peer

Publications

The use of corporate climate targets has exploded in recent years. Over three thousand corporations, including the largest and most profitable in the world, have adopted corporate climate targets as commitments to align their actions with climate science and the Paris Agreement. However, the broad adoption of these targets raises important questions: are these commitments truly aligned with science in the way they are advertised, or do they raise “climate washing” concerns, i.e., do they exaggerate the benefits and significance of the climate targets? This Article investigates the role that science actually plays within targets, and explores potential theories of …

The Legal Crisis Within The Climate Crisis, Mark P. Nevitt

Faculty Articles

Climate change creates a difficult choice for property owners and governmental officials alike: Should they invest in costly climate adaptation measures or retreat from climate-exposed areas? Either decision is fraught with legal uncertainty, running headfirst into antiquated legal doctrines designed for a more stable world. Climate impacts to the coastline are forcing policymakers to consider four adaptation tools: (1) resisting climate impacts by building sea walls and armoring the shoreline; (2) accommodating those impacts by elevating existing structures; (3) managed retreat such as systematically and preemptively moving people out of harm’s way; and (4) reactively moving people to new locations …

Our Community Legacy: What Oakville Will Our Children And Grandchildren Inherit, Lisa Kohler, Peter Schuler, Marsha Smith, Sundus Hussain, John Helliker, Herbert Sinnock, Caroline Holmes, Jonathan Mcneice, Trisha Henderson, Taline Mcphedran, Michael Salem

Publications and Scholarship

No abstract provided.

Last Millennium Hurricane Activity Linked To Endogenous Climate Variability, Wenchang Yang, Elizabeth Wallace, Gabriel A. Vecchi, Jeffrey P. Donnelly, Julien Emile-Geay, Gregory J. Hakim, Larry W. Horowitz, Richard M. Sullivan, Robert Tardif, Peter J. Van Hengstum, Tyler S. Winkler

OES Faculty Publications

Despite increased Atlantic hurricane risk, projected trends in hurricane frequency in the warming climate are still highly uncertain, mainly due to short instrumental record that limits our understanding of hurricane activity and its relationship to climate. Here we extend the record to the last millennium using two independent estimates: a reconstruction from sedimentary paleohurricane records and a statistical model of hurricane activity using sea surface temperatures (SSTs). We find statistically significant agreement between the two estimates and the late 20th century hurricane frequency is within the range seen over the past millennium. Numerical simulations using a hurricane-permitting climate model suggest …

Nitrogen Fixation At The Mid-Atlantic Bight Shelfbreak And Transport Of Newly Fixed Nitrogen To The Slope Sea, C. R. Selden, M. R. Mulholland, K. E. Crider, S. Clayton, A. Macías-Tapia, P. Bernhardt, D. J. Mcgillicuddy Jr., W. G. Zhang, P. D. Chappell

OES Faculty Publications

Continental shelves contribute a large fraction of the ocean's new nitrogen (N) via N₂ fixation; yet, we know little about how physical processes at the ocean's margins shape diazotroph biogeography and activity. Here, we test the hypothesis that frontal mixing favors N₂ fixation at the Mid-Atlantic Bight shelfbreak. Using the ¹⁵N₂ bubble release method, we measured N₂ fixation rates on repeat cross-frontal transects in July 2019. N₂ fixation rates in shelf waters (median = 5.42 nmol N L⁻¹ d⁻¹) were higher than offshore (2.48 nmol N L⁻¹ d⁻¹) …

Legal Hurdles And Pathways: The Evolution (Progress?) Of Climate Change Adjudication In Canada, Camille Cameron, Riley Weyman, Claire Nicholson

Articles, Book Chapters, & Popular Press

Citizens, civil society, and environmental organisations throughout the world are increasingly turning to courts to find solutions to the perils of climate change. In July 2023, the United Nations Environment Programme (“UNEP”) reported that as of November 2022, there were 2,180 climate change litigation cases underway throughout the world, that this number is 2.5 times higher than it was five years ago, and that the number of jurisdictions involved has grown from 24 in 2017, to 39 in 2020, to 65 in 2023. The authors of this report describe climate litigation as “a frontier solution to change the dynamics of …

The Lawlessness Of Sackett V. Epa, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

When the Supreme Court speaks on a disputed statutory interpretation question, its words and edicts undoubtedly are the final judicial word, binding lower courts and the executive branch. Its majority opinions are the law. But the Court’s opinions can nonetheless be assessed for how well they hew to fundamental elements of respect for the rule of law. In particular, law-respecting versus law-neglecting or lawless judicial work by the Court can be assessed in the statutory interpretation, regulatory, and separation of power realms against the following key criteria, which in turn are based on some basic rule of law tenets: analysis …

My World's On Fire, How 'Bout Yours? An Investigation Of How Privilege Fosters And Maintains Climate Denial, Morgan A. Chester

Antioch University Dissertations & Theses

The present study investigates the phenomenon of climate denial through a new theoretical framework of privilege. The analysis utilizes a feminist orientation that builds on a historical interpretation through the lens of colonialism. Through the dissection of current multidisciplinary understandings of climate denial and new concepts discovered in the review of academic literature and popular media, a compilation of theory, relationship, and connection is made. Systems of power and privilege are examined and connected to the mechanisms and maintenance of climate denial. The resulting analysis illuminates that settler colonialism, supported by connected ideologies of White supremacy, ableism, and patriarchy inform …

Identifying Untapped Legal Capacity To Promote Multi‑Level And Cross‑Sectoral Coordination Of Natural Resource Governance, Nicola Harvey, Ahjond Garmestani, Craig R. Allen, Anoeska Buijze, Marleen Van Rijswick

School of Natural Resources: Faculty Publications

Natural resource governance in the face of climate change represents one of the seminal challenges of the Anthropocene. A number of innovative approaches have been developed in, among others, the fields of ecology, governance, and sustainability sciences for managing uncertainty and scarcity through a coordinated approach to natural resource governance. However, the absence of an enabling legal and regulatory framework has been identified in the literature as one of the primary barriers constraining the formal operationalization of these governance approaches. In this paper, we show how these approaches provide tools for analyzing procedural mandates across governmental levels and sectors in …

Reporting Of And Policy On Greenhouse Gas Emissions From Air Travel At Canadian Universities, Derek Hall

Political Science Faculty Publications

Purpose

This paper aims to explore the extent and characteristics of Canadian university reporting of and policy regarding greenhouse gas emissions from air travel. It identifies current approaches’ details and limits and recommends improvements.

Design/methodology/approach

The study developed questions and considerations for analysing reporting and policy, reviewed university documents and webpages and contacted university staff.

Findings

Roughly 20% of Canadian universities report flight emissions. Figures vary by factors of over 100 even when normalized or expressed as a percentage of institutional emissions. Inter-university differences in data collection and emissions calculation practices shape reporting. Canadian university air travel emissions cannot be …

Legal Issues In Oceanic Transport Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard, Pria Deanna Mahadevan

Faculty Scholarship

A number of large facilities intended for the permanent sequestration of carbon dioxide are being developed in the United States. Several of them will be located in Texas and Louisiana on or near the coast of the Gulf of Mexico, making them easily accessible to ships. At the same time, there is substantial interest in Europe in installing equipment to capture carbon dioxide from certain industrial operations before it is emitted into the atmosphere, but currently there are inadequate facilities existing in Europe to sequester much of this carbon dioxide. Therefore, there is interest in the possibility of using ships …

Too Hot To Thrive: A Qualitative Inquiry Of Community Perspectives On The Effect Of High Ambient Temperature On Postpartum Women And Neonates In Kilifi, Kenya., Adelaide Lusambili, Sari Kovats, Britt Nakstad, Veronique Filippi, Peter Khaemba, Nathalie Roos, Cherie Part, Stanley Luchters, Matthew Chersich, Jeremy Hess

Institute for Human Development

Objectives; To understand community perspectives on the effects of high ambient temperature on the health and wellbeing of neonates, and impacts on post-partum women and infant care in Kilifi.

Design; Qualitative study using key informant interviews, in-depth interviews and focus group discussions with pregnant and postpartum women (n = 22), mothers-in-law (n = 19), male spouses (n = 20), community health volunteers (CHVs) (n = 22) and stakeholders from health and government ministries (n = 16).

Settings; We conducted our research in Kilifi County in Kenya’s Coast Province. The area is largely rural and during …