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- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (21)
- Faculty Scholarship (4)
- Columbia Center on Sustainable Investment Staff Publications (2)
- Faculty Journal Articles and Book Chapters (2)
- Faculty Publications (2)
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- Life of the Law School (1993- ) (2)
- Sabin Center for Climate Change Law (2)
- Sturm College of Law: Faculty Scholarship (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (1)
- Faculty Articles and Other Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (1)
- Res Gestae (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- UF Law Faculty Publications (1)
Articles 1 - 30 of 53
Full-Text Articles in Law
The Legal Case For Equity In Local Climate Action Planning, Amy E. Turner
The Legal Case For Equity In Local Climate Action Planning, Amy E. Turner
Sabin Center for Climate Change Law
Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies meant to address climate change. Until now, however, the discourse on equity in climate action planning has largely pertained to policy; it acknowledges the disproportionate harm that certain communities experience as a result of climate change and policies to address climate change, and suggests policy tools that can address …
Decommissioning Liability At The End Of Offshore Oil And Gas: A Review Of International Obligations, National Laws, And Contractual Approaches In Ten Jurisdictions, Martin Lockman, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres
Decommissioning Liability At The End Of Offshore Oil And Gas: A Review Of International Obligations, National Laws, And Contractual Approaches In Ten Jurisdictions, Martin Lockman, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres
Sabin Center for Climate Change Law
Offshore oil and gas infrastructure faces an existential threat: the increasingly pressing need to address the climate emergency. The Intergovernmental Panel on Climate Change projects that GHG emissions from existing and planned fossil fuel infrastructure will push global warming past the Paris Agreement’s 1.5°C threshold, and more detailed projections estimate that “nearly 60 per cent of oil and fossil methane gas ... must remain unextracted to keep within a 1.5 °C carbon budget.” The growing urgency of climate action, coupled with the increasing adoption of renewable energy systems and energy-efficient technologies, may strand thousands of offshore oil and gas installations …
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Climate Choice Architecture, Felix Mormann
Climate Choice Architecture, Felix Mormann
Faculty Scholarship
Personal choices drive global warming nearly as much as institutional decisions. Yet, policymakers overwhelmingly target large-scale industrial facilities for reductions in carbon emissions, with individual and household emissions a mere afterthought. Recent advances in behavioral economics, cognitive psychology, and related fields have produced a veritable behavior change revolution. Subtle changes to the choice environment, or nudges, have improved stake-holder decision-making in a wide range of contexts, from healthier food choices to better retirement planning. But the vast potential of choice architecture remains largely untapped for purposes of climate policy and action. This Article explores that untapped potential and makes the …
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
Faculty Scholarship
Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.
In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …
Nigeria’S Petroleum Industry Bill: A Missed Opportunity To Prepare For The Zero-Carbon Future, Solina Kennedy, Martin Dietrich Brauch, Perrine Toledano, Tehtena Mebratu-Tsegaye
Nigeria’S Petroleum Industry Bill: A Missed Opportunity To Prepare For The Zero-Carbon Future, Solina Kennedy, Martin Dietrich Brauch, Perrine Toledano, Tehtena Mebratu-Tsegaye
Columbia Center on Sustainable Investment Staff Publications
With Nigeria’s National Assembly debating the proposed Petroleum Industry Bill (PIB) in the first quarter of 2021 – after nearly two decades of attempted reform of the country’s petroleum sector – Nigeria has a unique opportunity to rethink the role of the oil and gas industry in Nigeria’s economy and build out the country’s energy sector and economic capacity for the long term. CCSI’s report Equipping the Nigerian National Petroleum Corporation (NNPC) for the Low-Carbon Transition, released before the PIB was publicized, advances suggestions on how to do so. The PIB takes notable steps toward much-needed reform of NNPC’s …
Climate Policy & Environmental Justice Recommendations For Colorado: Environmental Justice And The Climate Action Plan To Reduce Pollution, Kevin J. Lynch, Edwin Lamair, Evan Healey
Climate Policy & Environmental Justice Recommendations For Colorado: Environmental Justice And The Climate Action Plan To Reduce Pollution, Kevin J. Lynch, Edwin Lamair, Evan Healey
Sturm College of Law: Faculty Scholarship
This report was primarily drafted in the Spring of 2019, as the Colorado Legislature considered, and ultimately enacted, HB 19-1261. Since that time, developments have only highlighted the critical importance of considering the justice impacts of any public health and environmental responses to the threat of climate change. In particular, the COVID-19 pandemic has highlighted the stark racial and class disparities that environmental conditions have on the health of a community. The same facilities and mobile sources that emit climate pollution also typically emit particulate matter and smogforming pollution that cause respiratory illness in many communities. These underlying conditions are …
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
Faculty Publications
The Clean Air Act has proven to be one of the most successful and durable statutes in American law. After the Supreme Court’s 2008 decision in Massachusetts v. EPA, there was great hope that the Act could be brought to bear on climate change, the most pressing current environmental challenge of our time. Massachusetts was fêted as the most important environmental case ever decided, and, upon it, the Environmental Protection Agency under President Obama built a sweeping program of greenhouse gas regulations, aimed first at emissions from road vehicles, and later at fossil fuel power plants. It was the most …
Trauma-Centered Social Justice, Noa Ben-Asher
Trauma-Centered Social Justice, Noa Ben-Asher
Faculty Publications
This Article identifies a new and growing phenomenon in the American legal system. Many leading agendas for gender, racial, and climate justice are centered on emotional trauma as the primary injury of contemporary social injustices. By focusing on three social justice movements–#BlackLivesMatter; #MeToo, and Climate Justice–the Article offers the first comprehensive diagnosis and assessment of how emotional trauma has become an engine for legal and policy social justice reforms. From a nineteenth century psychoanalytic theory about repressed childhood sexual memories that manifest in female hysteria, through extensive medicalization and classification in the twentieth century, emotional trauma has evolved and expanded …
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Faculty Journal Articles and Book Chapters
Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique …
Fracking The Public Trust, Kevin J. Lynch
Fracking The Public Trust, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
Climate change presents an ever more urgent threat, and earlier in 2019, atmospheric carbon dioxide levels reached an all time high for recorded history. Current federal and state policies promoting fossil fuel extraction mean that future governments will have to look very seriously at leaving fossil fuels in the ground, if our society wants to have any hope of avoiding catastrophic climate change.
One of the biggest obstacles to leaving fossil fuels in the ground is the threat of massive takings liability for any government that dares to slow or prevent the extraction of fossil fuels. This has been particularly …
Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman
Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman
Faculty Journal Articles and Book Chapters
The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.
This new energy economy will require massive investment in energy transport — especially power lines to bring wind and …
Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger
Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger
Columbia Center on Sustainable Investment Staff Publications
International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways in which the costs and benefits of investments are distributed among different actors.
CCSI partnered with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD) to produce a briefing note on agricultural investments under international investment law. The …
Decarbonizing Light-Duty Vehicles, Amy L. Stein, Joshua P. Fershee
Decarbonizing Light-Duty Vehicles, Amy L. Stein, Joshua P. Fershee
UF Law Faculty Publications
Reducing the United States’ greenhouse gas emissions by at least 80% from 1990 levels by 2050 will require multiple legal pathways for changing its transportation fuel sources. The Deep Decarbonization Pathways Project (DDPP) authors characterize transforming the transportation system as part of a third pillar of fundamental changes required in the U.S. energy system: “fuel switching of end uses to electricity and other low-carbon supplies.” The goal is to shift 80%-95% of the miles driven from gasoline to energy sources like electricity and hydrogen. Relying upon the DDPP analysis, this Article, excerpted from Michael B. Gerrard & John C. Dernbach, …
A Us Clean Energy Transition And The Trump Administration, Joseph P. Tomain
A Us Clean Energy Transition And The Trump Administration, Joseph P. Tomain
Faculty Articles and Other Publications
The Obama administration undertook several steps giving the US federal government a leadership role in a clean energy transition. Among other actions, the administration develop a Climate Action Plan, successfully negotiated higher fuel vehicle standards with car manufacturers, passed the Clean Power Plan, and signed the Paris Climate Agreement. Although the United States had been party to other international climate agreements and was a signatory to the Rio Declaration, other federal efforts were lax at best.
During his election campaign, Donald Trump promised his supporters to eliminate the Clean Power Plan, withdraw from the Paris Agreement, curtail the Environmental Protection …
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Plan To Strengthen The Paris Climate Agreement, Bryan H. Druzin
A Plan To Strengthen The Paris Climate Agreement, Bryan H. Druzin
Res Gestae
Sustainable use of common-pool resources is extremely tricky to maintain. Indeed, the failure of the Kyoto Protocol is a stark testament to this challenge. This short discussion offers a potential solution to this crisis of coordination. This Article proposes a mechanism to mitigate the impact of the tragedy of the commons and help ensure that the world’s nations live up to their commitments under the Paris Agreement. The challenge to international cooperation that the tragedy of the commons creates is pernicious. The question of how to tackle the tragedy of the commons—and I say this without a trace of exaggeration—is …
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Georgetown Law Faculty Publications and Other Works
This essay presents a legal device by which local governments can put a price on climate emissions and loss of resiliency generated by new real estate development. Local governments commonly impose fees, a type of monetary exaction, on new development to offset public costs that such development will impose. This Essay argues that monetary fees offer significant potential as a tool to help local governments manage land development’s contribution to climate change. Such “climate exactions” can put a price on the carbon emissions from new development and also on development that reduces the natural resiliency of the jurisdiction to the …
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw
Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
1 page "Abstract" and 8 slides
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)
30 slides
Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger
Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Michael Dettinger, USGS, Scripps Institution of Oceanography, La Jolla, CA
30 slides
"with contributions from Julio Betancourt, Dan Cayan, & others"
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute
65 slides
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Slides: Session 3: Decision-Making And The Energy Poor, Andrew Yager
Slides: Session 3: Decision-Making And The Energy Poor, Andrew Yager
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Presenter: Andrew Yager, United Nations Department of Economic and Social Affairs, Division for Sustainable Development
33 slides
Slides: Natural Gas: Game Changer Or Runner Left On Base? Working To Get It Right In Co!, Gary Graham
Slides: Natural Gas: Game Changer Or Runner Left On Base? Working To Get It Right In Co!, Gary Graham
Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)
Presenter: Dr. Gary Graham, Director, Lands Program, Western Resource Advocates
21 slides
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law
9 slides
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law
18 slides
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Faculty Scholarship
This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado at Boulder
21 slides