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Full-Text Articles in Law
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Dissertations & Theses
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article will consider the case for instituting a domestic agency that would evaluate the findings from Intergovernmental Panel on Climate Change (IPCC) assessments to improve the credibility and legitimacy of those claims and conclusions for multiple purposes. The proposed agency would consider the robustness of an assessment's conclusions by construing the evidence through the lens of Daubert rather than Frye. Part I will outline the public debate about climate science-what the debate is about and why it exists. Part II will examine the current role of the IPCC-what it is and why it has not been successful in legitimating …
Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson
Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Managing Climate Change Through Biological Sequestration: Open Space Law Redux, John R. Nolon
Managing Climate Change Through Biological Sequestration: Open Space Law Redux, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Climate change management involves strategies that mitigate its causes and adapt human communities to its consequences. This article describes a legal strategy that does both: a national biological sequestration policy. This policy will increase the amount of carbon dioxide emissions that biological sequestration currently removes from the atmosphere and will enable human settlements to adapt to the harsh effects of a changing climate, while realizing a number of other objectives that preserved open space preservation achieves. The article sketches the influences of international and national climate change law, which largely ignore the benefits of biological sequestration on privately owned land …
Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan
Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
In a recent interview in Time magazine, EPA administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas endangerment finding under Clean Air Act section 202: “I don't think that history will forget the first time that politicians made a law to overrule scientists.” Proponents of aggressive action to control greenhouse gases are frustrated that the international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in …
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article first examines the physical, cultural, and economic backgrounds of four vulnerable states—Tuvalu, Seychelles, Maldives, and Bangladesh—and discusses the extent to which each might be affected by sea-level rise. It then considers, in turn, the legal implications of the current rules on maritime delimitation under UNCLOS for the states, along with their efforts to adapt to sea-level rise.
Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh
Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This article considers climate change questions in the context of a particular type of contaminated site--sites with contaminated sediments subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although climate change may impact a variety of waste sites in different ways, even those without sediment contamination, this article focuses on sediment sites so as to frame a more manageable inquiry susceptible to in-depth treatment. The following section, Part II, identifies the vulnerability of contaminated sediment sites to climate change. The section describes sediment contamination, regulatory approaches to remediating contaminated sediments, and how climate change may impact sediment remedies. …