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Full-Text Articles in Law
The Green New Deal And Green Transitions, Nicholas Bryner
The Green New Deal And Green Transitions, Nicholas Bryner
All Scholarship
In February 2019, Representative Ocasio-Cortez and Senator Markey introduced a "Green New Deal" Resolution in Congress, calling for a tenyear mobilization toward action on climate change, socioeconomic inequality, and other issues. A Green New Deal--evoking the language of FDR-erapolicy--envisions a transition to a green economy that is integrated with concern for the social and economic welfare of those who are most harmed by environmental degradation and those who are most likely to be displaced by the reinvention ofU.S. infrastructure and energy systems. This Article addresses the need for engaging with regulatory transition theory in order to assess the legal, policy …
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Virginia Coastal Policy Center
Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …
Carbon Market Opportunities In Virginia: Eelgrass, Marshes, Soils, And Forests, Imani Y. Price
Carbon Market Opportunities In Virginia: Eelgrass, Marshes, Soils, And Forests, Imani Y. Price
Virginia Coastal Policy Center
Carbon sequestration is the storage and capture of carbon dioxide from the atmosphere. Preserving carbon sequestering sources helps mitigate climate change. Eelgrass, marshes, soils, and forests all sequester carbon. Unfortunately, they are vulnerable to climate change and human development. This paper examines how these sources of carbon sequestration can be incorporated into Virginia’s climate change policies, including the creation of a carbon market. Among other aims, a carbon market would incentivize the preservation and restoration of these species, providing important environmental and economic benefits. The first section of this paper identifies several sources of carbon sequestration, as well as their …
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
Journal Articles
The 'We Are Still In' movement raised novel and urgent questions about the status of executive agreements, treaties, and customary international law in U.S. courts. As sub-national governments increasingly face difficult trade-offs between climate change mitigation and adaptation, American courts will confront challenges thereto likely grounded in various types of "dormant" preemption of state and local initiatives. This symposium essay argues that our courts must first situate sub-national actions on climate mitigation within a complex and evolving context of mitigation as a globally-scaled collective good that can only be provided if contributions thereto accumulate over time. They must also avoid …
Forks In The Road, Michael P. Vandenbergh, J. M. Gilligan
Forks In The Road, Michael P. Vandenbergh, J. M. Gilligan
Vanderbilt Law School Faculty Publications
This Essay outlines a simple heuristic that will enable public and private policymakers to focus on the most important climate change mitigation strategies. Policymakers face a dizzying array of information, pressure from advocacy groups, and policy options, and it is easy to lose sight of the forest for the trees. Many policy options are attractive on the surface but either fail to meaningfully address the problem or are unlikely to be adopted in the foreseeable future. If policymakers make the right decision when confronting three essential choices or forks in the road, though, the result will be 60% to 70% …
Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest
Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest
Faculty Scholarship
For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable. As recently as 1982, more than 11,000 small swine farms freckled nearly all of North Carolina’s 100 counties. Then came the “boom” of consolidation and industrialization that transformed hog production into a highly consolidated and vertically integrated industry.