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Full-Text Articles in Law
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen
Faculty Scholarship
No abstract provided.
Toxic Floodwaters: Strengthening The Chemical Safety Regime In The Climate Change Era, Noah M. Sachs
Toxic Floodwaters: Strengthening The Chemical Safety Regime In The Climate Change Era, Noah M. Sachs
Law Faculty Publications
Extreme flooding linked to climate change has caused toxic chemical spills across the United States, yet policymakers are not prioritizing industrial chemical safety in planning for climate change. Many scholars and industry executives have argued that existing private law mechanisms, such as insurance and tort-based deterrence, can adequately manage the risk of flood-induced chemical releases from industrial sites. But private law mechanisms have failed to prevent past incidents of mass contamination, and there is little evidence that tort law deters industrial firms from the practices that put communities at risk. In this Article, I engage in a comparative analysis of …
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak
Faculty Scholarship
New Deal cooperatives succeeded in electrifying rural America when for-profit utilities would not. Today, however, rural electric cooperatives are lagging behind when it comes to meeting the challenge of climate change. Cooperatives have collectively been slower to embrace the shift to low-carbon electricity than for-profit and municipal utilities and have served as a drag on state and federal clean energy and climate policies. This is partially because of the structural differences between cooperatives and other utilities, but also because of a weak and under-determined federal and state regulatory structure. A few cooperatives in Colorado and New Mexico are seeking to …
Are Transboundary Fisheries Management Arrangements In The Northwest Atlantic And North Pacific Seaworthy In A Changing Ocean?, Olga Koubrak, David Vanderzwaag
Are Transboundary Fisheries Management Arrangements In The Northwest Atlantic And North Pacific Seaworthy In A Changing Ocean?, Olga Koubrak, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Climate change is affecting physical and biological components and processes of marine ecosystems in many ways. Resulting changes in abundance and distribution of commercially valuable species are anticipated to create or exacerbate challenges for fisheries management across national boundaries by raising questions around catch allocation, membership in the management organizations, and forms of cooperation between the organizations. In this paper we assess eight transboundary fisheries arrangements in the Northwest Atlantic and North Pacific on their preparedness to respond to climate-change driven changes. For each arrangement a three-part analysis is provided. A general introduction to fisheries management responsibilities, including species and …
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
Articles, Book Chapters, & Popular Press
This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …
The Netherlands V Urgenda Foundation: Lessons For Using International Human Rights Law In Canada To Address Climate Change, Karinne Lantz
The Netherlands V Urgenda Foundation: Lessons For Using International Human Rights Law In Canada To Address Climate Change, Karinne Lantz
Articles, Book Chapters, & Popular Press
This case digest focuses on the Canadian implications of Urgenda— particularly with respect to current attempts to use human rights arguments to require more ambitious and immediate efforts to reduce Canadian GHG emissions. Although the Canadian Arctic (and Indigenous communities residing there) are particularly vulnerable to the threats posed by global climate change, there has not yet been a court decision addressing Canada’s continuing failure to meet its successive GHG emissions targets. With pending climate litigation invoking a human rights approach, it is only a matter of time before Canadian courts will be faced with deciding, among other things, whether …
Land Use Strategies That Mitigate Climate Change, John R. Nolon
Land Use Strategies That Mitigate Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article discusses techniques and strategies that municipal governments can employ to mitigate climate change, of which land use and municipal law lawyers should be aware.
Climate Change Disobedience, Charles R. Disalvo
Climate Change Disobedience, Charles R. Disalvo
Law Faculty Scholarship
Among those who recognize climate change as an existential threat, some are willing to take dramatic action against it by committing civil disobedience. Activists, such as those taking part in the Extinction Rebellion in the United Kingdom, are willing to exchange their liberty for some putative good. There is no discussion in the disobedience literature of the discrete purposes of climate disobedience or the principles by which climate activists ought to be guided in seeking to fulfill those purposes. This Article takes on that task. After offering an overview of the purposes of civil disobedience, this Article isolates those purposes …