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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (10)
- Sabin Center for Climate Change Law (7)
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Articles 31 - 48 of 48
Full-Text Articles in Law
Human Rights Implications Of Climate Change, David Hunter
Human Rights Implications Of Climate Change, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Micro-Offsets And Macro-Transformation: An Inconvenient View Of Climate Change Justice, Michael P. Vandenbergh, Brooke A. Ackerly, Fred E. Forster
Micro-Offsets And Macro-Transformation: An Inconvenient View Of Climate Change Justice, Michael P. Vandenbergh, Brooke A. Ackerly, Fred E. Forster
Vanderbilt Law School Faculty Publications
We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by better allocating the emissions reduction burdens of current carbon mitigation proposals — there may be no allocation of burdens using current approaches that achieves both climate and justice goals. Instead, achieving just the climate goal without exacerbating justice concerns, much less improving global justice, will require focusing on increasing well-being and inducing fundamental changes in development patterns to generate greater levels of well-being with reduced …
Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh
Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The conference Energy and the Environment: Empowering Consumers brought together legal scholars, attorneys, scientists, philosophers, journalists, sociologists, elected representatives, and agency experts. This symposium issue of the Hofstra Law Review presents a selection of papers from conference participants that, together, illustrate some of the opportunities, challenges, and diverse questions that arise in the effort to deploy energy and environmental law and policy to embrace individual consumers and combat climate change.
Environmental Law In 2049: A Look Back, Michael B. Gerrard
Environmental Law In 2049: A Look Back, Michael B. Gerrard
Faculty Scholarship
December 22 marks the 40th anniversary of the National Environmental Policy Act, which started the modern era of environmental law, and the 40th anniversary of the Environmental Law Institute, which was founded to monitor the new field and to create a profession around the emerging discipline. To mark this anniversary, we asked a range of luminaries to forecast how environmental law and the profession dedicated to its successful implementation will mature over the next four decades. Will environmental protection still be the product of a social movement, or will it have become incorporated as part of the cost of doing …
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
Articles
Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …
The Costs Of Carbon: Examining The Competitiveness And International Trade Dimensions Of The Waxman-Markey House Bill, Svetlana German
The Costs Of Carbon: Examining The Competitiveness And International Trade Dimensions Of The Waxman-Markey House Bill, Svetlana German
Sabin Center for Climate Change Law
As the United States considers unilateral climate change action, uncertainty exists as to the compatibility of the proposed trade related measures to global warming. This paper considers the rationale behind any trade measures designed to address competitiveness and carbon leakage following the introduction of unilateral climate change legislation (Part I). The paper then assesses the international legality of the proposed measures in the Waxman-Markey Bill under World Trade Organisation (WTO) law (Part II) and proposes alternative mechanisms that may yield economically sound solutions while remaining mindful of equitable principles (Part III).
Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand
Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand
Faculty Scholarship
The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York’s existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected …
International Executive Agreements On Climate Change, Hannah Chang
International Executive Agreements On Climate Change, Hannah Chang
Sabin Center for Climate Change Law
The difficulty of ratifying any future climate change agreement through the Article II treaty process calls for an understanding of the scope of the President’s independent power to enter into internationally binding commitments related to climate change. This power is necessarily limited, but as this paper shows, the President’s foreign affairs powers, together with authority derived from existing treaty obligations and federal statutes, provide legal authority for the President to enter executive agreements relating to measurement, reporting, and verification; aviation emissions; cooperative research and development in science and technology; and capacity-building for developing countries.
Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang
Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang
Articles
This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Sabin Center for Climate Change Law
This paper examines the technical aspects and policy implications of each of four strategies to effectuate environmentally conscious policies in the federal government's food procurement procedures: a litigation strategy, a rulemaking strategy, a NEPA strategy, and a legislative strategy.
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Addressing The Energy Efficiency Financing Challenge: The Role And Limitations Of A Green Bank, Christopher Angell
Sabin Center for Climate Change Law
This paper will address how a federal program to aggregate and potentially guarantee loans made to finance energy efficiency projects can be leveraged to promote best practices on the state and local level for opening up energy efficiency projects to external financing. There are a number of existing financing tools that have started to solve the problem of providing access to capital for efficiency projects, but the programs are all relatively small and have had limited market penetration. One essential, but not exclusive, solution will be to create a federal entity, based on existing green bank proposals, that has the …
Access To Environmentally Sound Technology In The Developing World: A Proposed Alternative To Compulsory Licensing, Neel Maitra
Access To Environmentally Sound Technology In The Developing World: A Proposed Alternative To Compulsory Licensing, Neel Maitra
Sabin Center for Climate Change Law
In 2008, a report published by McKinsey & Co. predicted that a successful program of action on climate change would require the reduction of greenhouse gas emissions by 76% by the year 2050. In order to achieve this seemingly daunting target, the report recognized that the transfer of environmentally sound technologies (ESTs) from the developed to the developing world was an urgent necessity. The report cited other sources to acknowledge that such technology transfer was unlikely to be achieved even by a combination of market incentives and funding from developed-world governments.
If market-oriented means, supported by governments, do not suffice …
Towards A Greenhouse Gas Labeling Regime For Food, Travis Annatoyn
Towards A Greenhouse Gas Labeling Regime For Food, Travis Annatoyn
Sabin Center for Climate Change Law
This paper proposes that the federal government implement greenhouse gas labeling standards for food and food products sold within the United States. A labeling regime of this sort would shift consumer purchasing from “high emission” to “low emission” foods and encourage consumer awareness that food, like any other commodity, has a GHG “price.”
Cash For Clunky Appliances, Anna S. Fleder
Cash For Clunky Appliances, Anna S. Fleder
Sabin Center for Climate Change Law
This paper examines the viability of a “Cash for Appliances” (“CfA”) program that targets home appliances toward the goal of increasing energy efficiency and decreasing greenhouse gas (“GHG”) emissions. Analyzing an existing CfA effort at the federal level, this paper argues that the case for a federal CfA program is strong, but that the current federal effort falls short of fulfilling its potential. The analysis proceeds in four parts. Part I makes the case for a Cash for Appliances program as a policy tool for promoting energy efficiency. Part II examines existing programs that have done just this – utilized …
Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow
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
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
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.
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Faculty Scholarship
Numerous federal and state judicial decisions have established that environmental impact statements (EISs) under the National Environmental Policy Act (NEPA) and its state equivalents should examine the impact of proposed projects on emissions of greenhouse gases (GHG), the principal anthropogenic cause of climate change. Administrative agencies and court settlements are now establishing the guidelines for the conduct of these examinations.