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Full-Text Articles in Law

A Bill Of Thirst: How Congress Can Support Interstate Water Markets, Jakob Haws Apr 2024

A Bill Of Thirst: How Congress Can Support Interstate Water Markets, Jakob Haws

Dickinson Law Review (2017-Present)

Addressing modern-day water scarcity will likely require legal mechanisms to facilitate efficient water transfers between states. One such mechanism is a water market. Water markets promote more efficient water consumption and abound within states, but generally do not exist between states. This absence stems from protectionist state laws and from interstate water compact provisions which govern and allocate shared water sources. While useful in many regards, interstate water compacts often impose unnecessary legal obstacles against innovative drought-mitigating measures—including interstate water markets. The most serious of these obstacles is the fact that states cannot revise interstate water compacts without (1) obtaining …


The Case For Climate Reparations, Scott W. Stern Jan 2024

The Case For Climate Reparations, Scott W. Stern

Dickinson Law Review (2017-Present)

Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become among the more contentious issues pushed by campaigners and even delegates at international climate summits. Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. The subject deserves—demands— deep scrutiny. …


When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli Oct 2021

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …


The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil Jan 2021

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …