Law Commons^™

Environmental Litigation Standing After Massachusetts V. Epa: Center For Biological Diversity V. Epa , Andy Hosaido

Sustainable Development Law & Policy

No abstract provided.

Mongolia: A Case For Economic Diversification In The Face Of A Changing Climate, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

Problems Of Equity And Efficiency In The Design Of International Greenhouse Gas Cap-And-Trade Schemes, Jason S. Johnston

All Faculty Scholarship

This article argues that international greenhouse gas (GHG) cap-and-trade schemes suffer from inherent problems of enforceability and verifiability that both cause significant inefficiencies and create inevitable tradeoffs between equity and efficiency. A standard result in the economic analysis of international GHG cap and trade schemes is that an allocation of initial permits that favors poor, developing countries (making such countries net sellers in equilibrium) may be necessary not only to further redistributive goals but also the efficiency of the GHG cap and trade scheme. This coincidence of equity and efficiency is, however, unlikely to be realized under more realistic assumptions …

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

Articles in Law Reviews & Other Academic Journals

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …

The News, John Archibald, Carter Beach, Joey Chen, Rama Taib

Student Environmental Law Films/Golden Tree Films

A comic review of environmental issues in the news, featuring an exclusive interview with Shari T. Wilson, Maryland Secretary of the Environmnet.

An Overview Of This Issue: Climate Change In 2009, Perry Wallace

Sustainable Development Law & Policy

No abstract provided.

Pozna´N Climate Conference 2008, Kyle Ingram, Matt Irwin

Sustainable Development Law & Policy

No abstract provided.

Human Rights And Climate Change: Shifting The Burden To The State?, Anne Parsons

Sustainable Development Law & Policy

No abstract provided.

Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock

Sustainable Development Law & Policy

No abstract provided.

What Happens In Vegas. . . Needs Legislative Backup, Ursula Kazarian

Sustainable Development Law & Policy

No abstract provided.

Planning For Adaptation To Climate Change: Landmark Cases From Australia, Jacqueline Peel, Lee Godden

Sustainable Development Law & Policy

No abstract provided.

Climate Change, Energy, And Sustainable Development In South Africa: Developing The African Continent At The Crossroads, Edson L. Meyer, Kola O. Odeku

Sustainable Development Law & Policy

No abstract provided.

Perspective: Technology Transfer And Human Rights: Joining Up The Dots, Stephen Humphreys

Sustainable Development Law & Policy

No abstract provided.

An Introduction To This Issue: Climate Change And Technology Transfer, Dalindyebo Shabalala

Sustainable Development Law & Policy

No abstract provided.

Avoiding The Derailment Of Wind Power Development: Why Federal Siting Regulations Are Necessary Now For U.S. Development, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

Evolving U.S. Clean Tech: Legislative Trends, Ursula Kazarian

Sustainable Development Law & Policy

No abstract provided.

Is The International Court Of Justice The Right Forum For Transboundary Water Pollution Disputes?, Kate Halloran

Sustainable Development Law & Policy

No abstract provided.

The International Court Of Justice’S Treatment Of “Sustainable Development”And Implications For Argentina V. Uruguay, Lauren Trevisan

Sustainable Development Law & Policy

No abstract provided.

Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe

Sustainable Development Law & Policy

No abstract provided.

Tension Between Hydroelectric Energy’S Benefits As A Renewable And Its Detrimental Effects On Endangered Species, Janet M. Hager

Sustainable Development Law & Policy

No abstract provided.

Third Party Petitions As A Means Of Protecting Voluntarily Isolated Indigenous Peoples, Nickolas M. Boecher

Sustainable Development Law & Policy

No abstract provided.

Book Review: Adjudicating Climate Change, Scott M. Richey, Karla O. Torres

Sustainable Development Law & Policy

No abstract provided.

Keeping The Endangered Species Act Relevant, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward causal connections to the decline of a species, such as clearing of occupied habitat for development or damming of a river. Its resounding success there, however, has led to the misperception that it can duplicate that record anywhere and for any reason a species is at risk. Yet, is the statute adaptable to the sprawling, sometimes global, phenomena that are wearing down our environmental fabric on landscape scales …

Climate Change And The Right To Food: A Comprehensive Study, Human Rights Institute

Human Rights Institute

Climate change and the policies instituted to combat it are affecting the realiza- tion of the right to food in myriad, often unnoticed ways. This report highlights how – despite the common objective to preserve human welfare for present and future generations – the climate change regime and the human rights regime addressing the right to food have failed to coordinate their agendas and to collab- orate to each other’s mutual benefit. The current climate change regime fails to accurately address the human harms resulting from climate change itself, and is not operating with the necessary safeguards and preventive measures …

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

Scholarly Works

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

Scholarly Works

New York ranks eight out of the 50 states in terms of carbon emissions. While the State government is just beginning to enact meaningful programs and incentives to encourage municipal policies and actions that will reduce the impact of local decisions on our carbon footprint, a number of local governments across the State have already been at work developing and adopting "greening" strategies, policies and regulations. While the New York State Bar Association has released for comment a report of its Task Force on Global Warming which documents an impressive two-dozen current state-level laws and programs on climate change, the …

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

Scholarly Works

Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.

Combating Global Climate Change: Why A Carbon Tax Is A Better Response To Global Warming Than Cap And Trade, Reuven S. Avi-Yonah, David M. Uhlmann

Articles

Global climate change is the most significant environmental issue facing our nation and the world. There no longer is any question that global warming is occurring. Nor is there any serious debate about whether human activity is the root cause. If we fail to make significant reductions in greenhouse gas emissions over the next ten to twenty years, we face the possibility of catastrophic environmental harm by the end of this century.

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Law Review Articles

This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against …

Human Rights Implications Of Climate Change, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.