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Full-Text Articles in Law
Is The "Act Of God" Dead?, Clifford J. Villa
Is The "Act Of God" Dead?, Clifford J. Villa
Washington Journal of Environmental Law & Policy
In more than twenty years with the U.S. Environmental Protection Agency (EPA) before joining the legal academy, I saw many communities affected by fires, floods, hurricanes, earthquakes, and other natural disasters. However, I never saw a case where the act of God defense prevailed against environmental liability. Confirming this personal experience, I later learned that the number of reported cases where the act of God defense had prevailed against environmental liability, under all statutes and all federal circuits, was also exactly zero. This raises two obvious questions: (1) why does the act of God defense so often fail? and (2) …
The Internationalization Of Climate Damages Litigation, Michael Byers, Kelsey Franks, Andrew Gage
The Internationalization Of Climate Damages Litigation, Michael Byers, Kelsey Franks, Andrew Gage
Washington Journal of Environmental Law & Policy
The annual global costs of climate change in 2010 were estimated at nearly $700 billion. As the costs continue to escalate, discussion is necessarily shifting to who should pay for mitigation and adaption. Many scholars argue that policy considerations and principles of tort law support holding greenhouse gas producers responsible for the costs of climate change. However, legal claims against greenhouse gas producers in the United States have thus far proven unsuccessful. This Article explores two previously overlooked potentialities that could significantly and rapidly alter the landscape for climate change litigation: (1) the emergence of transnational climate change litigation coupled …
Ocean Acidification Policy: Applying The Lessons Of Washington To California And Beyond, Ryan P. Kelly
Ocean Acidification Policy: Applying The Lessons Of Washington To California And Beyond, Ryan P. Kelly
Washington Journal of Environmental Law & Policy
This Article aims to distill the lessons of Washington’s experience with ocean acidification (OA) policy and apply them to the political framework that exists in California. More generally, this Article evaluates the political landscape in which OA policy is taking shape along the west coast of the United States and highlights elements of a political and policy strategy that would build current momentum on OA in California and elsewhere into a larger, more sustained policy infrastructure capable of addressing coastal issues of environmental resilience and water quality in the context of global change. It concludes by identifying some ways in …
Arctic Law & Policy Year In Review: 2016, Arctic Law & Policy Institute, University Of Washington
Arctic Law & Policy Year In Review: 2016, Arctic Law & Policy Institute, University Of Washington
Washington Journal of Environmental Law & Policy
According to the U.S. National Oceanic and Atmospheric Administration, with a boost by El Niño, 2016 set new records for global temperatures, capping three consecutive years of record global warming. In Alaska, for example, the average temperature was 31.9 degrees Fahrenheit — 5.9 degrees above the long-term average. The globally averaged sea surface temperature was the highest on record at 1.35° F above average. The globally averaged land surface temperature was also the highest on record at 2.57° F above average. The NOAA report records that in 2016 the Arctic experienced some of its highest air temperatures, least sea-ice (averaging …