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Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon Nov 2009

Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can be said when the debate turns …


Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law Oct 2009

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …


Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon Oct 2009

Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.


Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher Apr 2009

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Pace Law Review

No abstract provided.


Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach Mar 2009

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.


Smart Use Of Resources Makes Good Economic Sense, John Dernbach Mar 2009

Smart Use Of Resources Makes Good Economic Sense, John Dernbach

John C. Dernbach

No abstract provided.


It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter Jan 2009

It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter

Tina Hunter

This paper argues that Australia’s present petroleum policy does not encourage the sustainable development of State-owned offshore petroleum resources. It outlines the development of Australia's petroleum policy, highlighting the current commercial policy focus on international competitiveness, which fails to contribute to the sustainable development of the petroleum resources for present and future generations. In order to generate policy options for Australia to encourage sustainable development of its petroleum resources, this paper examines the petroleum policy framework of Norway, which is viewed as an example of best practice in the sustainable development of petroleum resources for the benefit of present and …


Painting Redd Offsets Green: A Case For Statutory Deuteranopia, Rommel Casis Jan 2009

Painting Redd Offsets Green: A Case For Statutory Deuteranopia, Rommel Casis

Sabin Center for Climate Change Law

Offsets generated by projects for reducing emissions from deforestation and degradation (“REDD”) is a particularly controversial form of carbon offset. Excluded from the Kyoto Protocol mechanisms, REDD offsets are now making a comeback ever since the Bali Action Plan specifically referred to REDD. Most recently, the Copenhagen Accord recognized the crucial role of REDD and the need to enhance removals of GHG emissions by forests and agreed on the need to provide incentives to such actions to enable the mobilization of financial resources from developed countries.4 It would seem therefore that the issuance and trade of REDD offsets may finds …


New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin Jan 2009

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

University of Colorado Law Review

Climate change has rapidly become a focal point of international environmental policy debate as countries seek to develop and implement strategies to address the critical need to slow the pace of global warming. In the United States, the failure of the federal government to muster the political will necessary to deal with the challenges on a national level has placed the onus on state and local governments to assume a leadership role. As laboratories of innovation, state and local governments continue to experiment with a wide range of policies and initiatives designed to reduce greenhouse gas emissions, promote the use …


Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin Jan 2009

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.


Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach Dec 2008

Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach

John C. Dernbach

No abstract provided.


Agenda For A Sustainable America, John Dernbach Dec 2008

Agenda For A Sustainable America, John Dernbach

John C. Dernbach

No abstract provided.


Not At All: Environmental Sustainability In The Supreme Court, James R. May Dec 2008

Not At All: Environmental Sustainability In The Supreme Court, James R. May

James R. May

The principle of “sustainability” is soon to mark its 40th anniversary. It is a concept that has experienced both evolution and stasis. It has shaken the legal foundation, often engaged, recited, and even revered by policymakers, lawmakers, and academics worldwide. This essay assesses the extent to which sustainability registers on the scales of the United States Supreme Court, particularly during the tenure of Chief Justice John Roberts. None of the environmental cases decided thus far during the tenure of Chief Justice Roberts engage sustainability. The word “sustainability” does not appear to exist before the Court. It does not appear in …


Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo Dec 2008

Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo

Carl J. Circo

As more states and local governments decide to offer green building incentives and other programs to offset the impact of land uses that do not meet sustainable development standards, they must decide how to fund or offset the costs of their programs. This Article argues that developer fees should be used more ambitiously to help finance the most progressive sustainability objectives, and it examines the legal limits that apply to developer funding devices for sustainability, such as sustainability impact and mitigation fees. The U.S. Supreme Court’s land use exactions opinions do not provide meaningful guidance concerning the constitutionality of monetary …