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- University of Colorado Law School (13)
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- Vanderbilt University Law School (3)
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- Elisabeth Haub School of Law Faculty Publications (5)
- Faculty Scholarship (5)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (4)
- Journal Articles (3)
- Vanderbilt Law School Faculty Publications (3)
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- Articles, Book Chapters, & Popular Press (2)
- Best Practices for Community and Environmental Protection (October 14) (2)
- School of Law Conferences, Lectures & Events (2)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
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- Scholarly Publications (1)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Promise and Peril of Oil Shale Development (February 5) (1)
- UF Law Faculty Publications (1)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (1)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
School of Law Conferences, Lectures & Events
No abstract provided.
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Intentional Community: Toward Inclusion And Climate-Cognizance, Shelby D. Green
The Intentional Community: Toward Inclusion And Climate-Cognizance, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In adapting communities to new levels of fairness, we must resist the notion that building equitable and accessible communities is antagonistic to building climate-cognizant communities. This paper will raise some of the core points in this endeavor and will offer suggestions for finding harmony between the two ends through creating communities with intention.
In Part I, I offer some details on what climate change, if unheeded, portends most in our daily lives. In Part II, I tell tales of two cities to frame the larger discussion. In Part III, I highlight some social, political, and economic history that produced a …
Comparing Russian And Canadian Climate Policy: Protecting Arctic Interests?, Meinhard Doelle, Roman Dremliuga
Comparing Russian And Canadian Climate Policy: Protecting Arctic Interests?, Meinhard Doelle, Roman Dremliuga
Articles, Book Chapters, & Popular Press
The global human influence on the climate is growing at an alarming pace. This trend appears doomed to continue. Polar regions are feeling the effects first. This means that if the impacts of climate change serve to motivate effective policies, polar regions could be a good place to look for climate policy innovation. It is within this context that this article considers Arctic climate policy in Russia and Canada. The basic question posed is whether the unique and immediate threat climate change presents in the Arctic is reflected in progressive laws and policies with respect to four key areas: mitigation, …
Remedial Payments In Agency Enforcement, Seema Kakade
Remedial Payments In Agency Enforcement, Seema Kakade
Faculty Scholarship
During the Obama Administration, the government settled many enforcement cases involving alleged violations of the nation’s federal statutes. The settlements have several requirements, including that the defendants pay money for beneficial projects to mitigate or offset harm directly or indirectly caused by defendant’s actions. For example, the government settled an environmental enforcement case against Volkswagen that included payments for environmental projects, and a mortgage enforcement case against Bank of America that included payments for housing education projects. These payments have spawned renewed criticism amongst conservative groups who have long claimed that payments for projects are mechanisms for agencies to get …
Land Use Strategies That Mitigate Climate Change, John R. Nolon
Land Use Strategies That Mitigate Climate Change, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article discusses techniques and strategies that municipal governments can employ to mitigate climate change, of which land use and municipal law lawyers should be aware.
Ex Situ Preservation Of Historic Monuments In The Era Of Climate Change, Shelby D. Green
Ex Situ Preservation Of Historic Monuments In The Era Of Climate Change, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
Cultural heritage (historic buildings, landscapes, and natural monuments) is being threatened by all manner of evils--attacks by belligerents seeking military advantages, increased consumptive uses, and significantly, the idiosyncratic effects of climate change. Climate change portends sea level rise and coastal erosion threats that will inundate coastal areas and the historic structures located there. Melting permafrost and changes in soil composition threaten the loss of buried archaeological evidence and compromise the integrity of ancient buildings designed for a less malevolent climate.
State and local governments have been undertaking measures to build sustainable communities to mitigate the coming changes in the climate, …
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …
Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann
Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann
Faculty Scholarship
Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Faculty Scholarship
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
The Presidential Memorandum On Mitigation, J.B. Ruhl
The Presidential Memorandum On Mitigation, J.B. Ruhl
Vanderbilt Law School Faculty Publications
On November 3, 2015, President Obama issued a Presidential Memorandum aimed at unifying the mitigation practice and policy for activities carried out and approved by the Departments of Defense, Interior, and Agriculture, the EPA, and the National Oceanic and Atmospheric Administration... See Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment, 80 Fed. Reg. 68743 (Nov. 6, 2015). The broad policy goal of the Memorandum is to ensure that the agencies mitigation policies are clear, work similarly across agencies, and are implemented consistently within agencies. Id. at 68743. The Memorandum also emphasizes the need for transparency, measurable …
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 …
Clean Energy Federalism, Felix Mormann
Clean Energy Federalism, Felix Mormann
Faculty Scholarship
Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.
Renewable portfolio standards and feed-in …
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Greenhouse Gas Mitigation Measures In The United States Electric Power Industry, Joel B. Eisen
Greenhouse Gas Mitigation Measures In The United States Electric Power Industry, Joel B. Eisen
Law Faculty Publications
This chapter addresses greenhouse gas (GHG) mitigation measures in the US energy sector, and, specifically, those applying to the US electric power industry. The focus is on the systems of federal, state, regional, and local regulation of GHG emissions associated with electricity generation, transmission and distribution, concentrating on the regulatory trends likely to have the largest impacts on mitigating GHG emissions. In addition, this section will discuss the extent to which these systems of regulating GHG emissions have evolved over the past decade.
Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen
Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen
Scholarly Works
New York City, like other major cities around the world, has acknowledged the problem of climate change, undertaken a comprehensive risk assessment, created a suite of adaptation and mitigation planning initiatives, and begun to implement policies to decrease the city’s contribution to the problem and to make the city less vulnerable to the effects of climate change. This detailed analysis of the city’s climate change resilience initiatives concludes that, although many of the city’s initiatives provide a model for other coastal communities, the initiatives likely still fall short of what is required to sufficiently moderate harm from dangerous interference with …
Keeping Track Of Conservation, Jessica Owley
Keeping Track Of Conservation, Jessica Owley
Journal Articles
Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …
Beyond Gridlock, Michael P. Vandenbergh, Jonathan A. Gilligan
Beyond Gridlock, Michael P. Vandenbergh, Jonathan A. Gilligan
Vanderbilt Law School Faculty Publications
Private climate governance can achieve major greenhouse gas (“GHG”) emissions reductions while governments are in gridlock. Despite the optimism that emerged from the Earth Summit in Rio de Janeiro, Brazil in 1992, almost a quarter century later the federal legislative process and international climate negotiations are years from a comprehensive response. Yet Microsoft, Google and many other companies have committed to become carbon neutral. Wal-Mart has partnered with the Environmental Defense Fund to secure 20 million tons of GHG emissions reductions from its suppliers around the world, an amount equal to almost half the emissions from the US iron and …
Preservation Is A Flawed Mitigation Strategy, Jessica Owley
Preservation Is A Flawed Mitigation Strategy, Jessica Owley
Journal Articles
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Clean Water Act limits the ability to dredge or fill a wetland. To do so, one must first obtain a section 404 permit. These permits, which are issued by the Army Corps of Engineers (“Corps”) with coordination and oversight from the Environmental Protection Agency (EPA), require project proponents to avoid, minimize, and compensate the harms of any wetland destruction or modification. Compensatory mitigation is a troubling concept in wetlands regulation because it …
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann
Faculty Scholarship
Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.
Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that …
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
UF Law Faculty Publications
This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food.
The relationship between climate change and agriculture is a close and complex one, as the …
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: John L. Adgate, PhD, MSPH, Professor and Chair, Department of Environmental and Occupational Health, University of Colorado
19 slides
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Journal Articles
Solar energy developers have turned their sights on California’s deserts. Since 2010, local, state, and federal agencies have approved nearly 9,000 megawatts (MW) of solar energy projects in the California desert, including more than 3,000 MW on public lands. The 9,000 MW of approved projects (if all are developed) would require approximately 63,000 acres of total desert land with 21,000 federal acres. The scale of proposed landscape change is unprecedented. Solar energy facilities can be more land-intensive than other forms of energy generation. Because of concern about the potentially devastating impacts of climate change, most major environmental groups have expressed …
Climate Change And The Roles Of Land Use And Energy Law: An Introduction, David Markell
Climate Change And The Roles Of Land Use And Energy Law: An Introduction, David Markell
Scholarly Publications
No abstract provided.
Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson
Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Water, Climate, And Energy Security, Elizabeth Burleson
Water, Climate, And Energy Security, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham
Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Dr. Alan K. Burnham, Chief Technology Officer, American Shale Oil, LLC
10 slides
Slides: Bmp Project, Kent Kuster
Slides: Bmp Project, Kent Kuster
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)
17 slides
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Best Practices for Community and Environmental Protection (October 14)
Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado
23 slides