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Articles 1 - 18 of 18
Full-Text Articles in Law
Inadequate Demonstration: Epa’S Latest Effort To Force A Clean Energy Transition On The Power Sector Rests On Technologies That Have Not Been Adequately Demonstrated, Mario Loyola
FIU Law Review
The Environmental Protection Agency's (EPA) proposed regulations of power plant carbon emissions under Section 111 of the Clean Air Act, which were proposed in May of 2023, raise a number of concerns. The proposed regulations target a transition in the U.S. power sector towards clean energy, relying heavily on Carbon Capture & Storage (CCS) and green hydrogen technologies to achieve nearly net zero carbon emissions from existing fossil fuel power plants. These technologies, however, do not seem to satisfy the Section 111 requirement that the Best System of Emissions Reduction (BSER) be adequately demonstrated at the scale and for the …
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
Volo Foundation Lecture: Science, Free Speech, And Public Choice, Bret Stephens
FIU Law Review
In an era where science, free speech, and public choice clash, the historical unity between these pillars, as envisioned by America's founding fathers, is obscured. Examining Thomas Jefferson's reverence for Bacon, Locke, and Newton, reveals a past where reason and freedom intertwined. However, contemporary challenges, epitomized by the pandemic response, illustrate a divergence. Amidst censorship and expert dominance, the vital role of public scrutiny emerges. Acknowledging the fallibility of experts and embracing free speech as essential for reasoned discourse becomes imperative. To restore the balance, humility from scientific institutions, a renewed appreciation for free speech, and public courage are necessary …
Five Considerations For Twenty-First Century Climate Policy, Matthew G. Burgess
Five Considerations For Twenty-First Century Climate Policy, Matthew G. Burgess
FIU Law Review
As the twenty-first century advances, society is entering a new phase regarding climate change. Impacts of climate change are becoming more salient in the present, rather than being only far-off in the future. Progress on flattening—and in many affluent countries, reducing—greenhouse gas emissions is also becoming salient, though the progress underperforms international targets. Slowing economic growth and major technological and geopolitical disruptions are creating new challenges and uncertainties. One of these challenges is a political climate of deep divisions and rising distrust in fact-finding institutions—a climate that is ripe for demagoguery. In the United States and some other countries, the …
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
FIU Law Review
The Paris Agreement, adopted in 2015, epitomizes a political approach to climate action, devoid of scientific oversight at its inception. This political nature underscores its essence, emphasizing action over guaranteed results. With a foundation in "common but differentiated responsibilities" (CBDR), nations set diverse climate goals based on unique circumstances. However, this diversity complicates policy alignment and raises challenging questions, such as the feasibility of carbon border adjustments and intellectual property dilution. Analyzing CBDR within the Paris Agreement framework unveils its evolution, shaped by political negotiations and national actions. This study delves into the intricate interplay between politics, policy, and international …
Keeping The Perpetual In Florida's Conservation Easements, Nancy A. Mclaughlin
Keeping The Perpetual In Florida's Conservation Easements, Nancy A. Mclaughlin
FIU Law Review
Hundreds of millions of dollars are being invested in the protection of the Florida Wildlife Corridor and other environmentally sensitive lands. One of the primary tools being used to accomplish this protection is the perpetual conservation easement, which is touted to landowners and the public as providing a permanent guarantee that the subject lands will never be developed. There is a very real danger, however, that perpetual conservation easements in Florida may not, in fact, be perpetual, and the protections put in place today will vanish over time—along with the public funds invested therein—as government and nonprofit holders “release” the …
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
FIU Law Review
The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …
Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo
Reforming The Federal Regulatory Review Process, Joanne Spalding, Andres Restrepo
FIU Law Review
For decades, the Office of Information and Regulatory Affairs (OIRA) has overseen the development of federal regulatory policies with a strong emphasis on benefit-cost analysis. Despite its conceptual appeal, this analytic tool consistently shortchanges environmental and public health protection, with especially negative consequences for environmental justice communities. In this article, we address some of those shortcomings, focusing in particular on the standard agency practice of arithmetically discounting regulatory costs and benefits that accrue in the future. We propose that the OIRA abandon this practice as it relates to non-market goods, such as human lives saved, and instead work toward a …
Against Self-Defeating Climate Policy, Michael Buschbacher
Against Self-Defeating Climate Policy, Michael Buschbacher
FIU Law Review
This paper contends that the narrow Overton window on climate policy is self-defeating to the goals of many climate activists and policymakers. It gives three examples of policies that do little to address carbon emissions and are likely to fail: (1) how decarbonization policies are destroying electric grid reliability; (2) how the attempt to eliminate the internal combustion engine is leading to the “Cuba-fication” of the automotive fleet; and (3) how the focus on reducing domestic carbon emissions leads to regulatory arbitrage. The paper provides three corresponding recommendations, contending (1) that states should eliminate RTOs and ISOs in favor of …
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
FIU Law Review
The environmental legal framework in Cuba is based on constitutional article 75 and Law 81, of July 11, 1997, on the environment, a framework law on the matter, with a series of complementary provisions with the rank of Decree Law or Ministerial Resolution. The adoption of the new constitutional text in 2019 is followed by the updating of all environmental legislation that requires a new framework law, which fills the gaps in the current one and leads to more effective environmental management. The paper addresses some of the areas in which significant changes have occurred or should occur. In particular, …
Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford
Cuba's Energy Future: Options Based On Renewables And Non-Carbon-Based Sources, Colin Crawford
FIU Law Review
My intention is to research and write on article on Cuba's energy future. Specifically, I plan to consider the options for a sustainable energy future using renewable energy sources and not carbon-dependent sources. This analysis will require both an examination of the island's historical energy challenges as well as consideration of the options for developing a sustainable energy infrastructure with international governmental (e.g. UN, World Bank etc.) and regional governmental (e.g. EU) support- an analysis that will also require consideration of the island nation's socialist political system and its willingness to engage internationally. The topic is one, clearly, with implications …
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper
FIU Law Review
As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …
The International Law Commission And The Progressive Development And Codification Of Principles Of International Environmental Law, Nilüfer Oral
FIU Law Review
No abstract provided.
Introduction, Kalyani Robbins
Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies
Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies
FIU Law Review
No abstract provided.
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
FIU Law Review
No abstract provided.
Climate Tort Federalism, Tracy Hester
The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret Birdsong
The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret Birdsong
FIU Law Review
No abstract provided.
Come Hell And High Water: Climate Change Policy In The Age Of Trump, Brigham Daniels
Come Hell And High Water: Climate Change Policy In The Age Of Trump, Brigham Daniels
FIU Law Review
No abstract provided.