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Environmental Law

Sabin Center for Climate Change Law

Publications

2011

Articles 1 - 6 of 6

Full-Text Articles in Law

Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz Jan 2011

Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz

Sabin Center for Climate Change Law

Anthropogenic climate change poses a substantial threat to biodiversity. The IPCC estimates that 20-30% of species will face an increased risk of extinction if the average global temperature rises more than 1.5 to 2.5 degrees Celsius. Additional scientific studies indicate that 15-37% of species may become extinct by 2050 due to global warming, based on current emissions trajectories. Domestic and international strategies to manage this threat have traditionally focused on conservation and mitigation. In the last few years, however, policy makers have recognized that near-term climate impacts are inevitable and thus adaptation strategies are required to protect both humans and …


Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang Jan 2011

Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang

Sabin Center for Climate Change Law

Black carbon, a component of soot and particulate matter, competes closely with methane as the largest anthropogenic contributor to global warming after carbon dioxide. Regulation of black carbon has been identified as an affordable, politically feasible, fast-action means to mitigate the warming temperatures caused by climate change. With an emphasis on domestic mitigation, this Article examines how emissions are controlled under the CAA and what EPA, states, and municipalities can do to mitigate black carbon emissions further.


Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong Jan 2011

Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong

Sabin Center for Climate Change Law

This report examines the legal and regulatory framework for U.S. coal exports, focusing in particular on the significant improvements in railroad and port infrastructure that will be necessary in order to boost the volume of overseas coal shipments to the degree anticipated by recent industry projections. While existing railroads and ports have the capacity to handle current coal export volumes, much more infrastructure will be needed to meet surging foreign demand. A wide variety of new construction projects are under consideration to expand capacity and relieve congestion. These range from double-tracking existing Class I railroad rights of way to dredging …


Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin Jan 2011

Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin

Sabin Center for Climate Change Law

This paper describes the current state of China’s recognition of sea level rise in the context of global climate change. The author analyzes official state documents addressing sea level rise, including the annual China Sea Level Communiqué, and compares them with local government initiatives and perspectives from non-governmental sources such as academia, NGOs and the general public. The paper concludes that, while China has taken many commendable steps towards addressing sea level rise, there are still considerable obstacles to be overcome. Finally, the author recommends that local governmental and non-governmental actors play a larger and better defined role. The author …


Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward Jan 2011

Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward

Sabin Center for Climate Change Law

This paper addresses the legal and related political and economic implications for U.S. public and private sector investors, and U.S. CCS technological proprietors, in participating in CCS demonstration projects in China through the provision of investment and technology transfers.


Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt Jan 2011

Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt

Sabin Center for Climate Change Law

Carbon capture and sequestration technology (CCS) could drastically reduce CO2 emissions from coal-fired power plants, thereby mitigating climate change. CCS, however, faces a difficult barrier to market entry: liability for the technology’s many long-term risks. States would like to alleviate this long-term liability problem to capture CCS’s social benefits. Some state constitutions, however, have provisions called “gift clauses” that prohibit giving aid to private parties. This Note argues that some state constitutions’ gift clauses prevent indemnification of private CCS developers. As this Note’s fifty state survey shows, other state constitutions allow indemnification. This asymmetry in constitutionally-allowed financial encouragement results in …