Law Commons^™

China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival

Robert Percival

This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …

A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks

Law and Contemporary Problems

Weeks talks about tradable conservation easement for vulnerable conservation objectives. The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Conservation easements broadly intended and drafted to serve those kinds of general purposes are, as a group, unlikely to be so acutely affected by changing ecological conditions that their broad purposes will cease, over time, to be served.

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Law and Contemporary Problems

Owley discusses the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership.

The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins

Dalhousie Law Journal

Climate change-related disputes, which often include novel, complex,or politically sensitive matters, have experienced a mixed reception by the courts. Defendants both in Canada and the United States have raised the issue of justiciabilitythe question of whether a matter is of the quality or state of being appropriate or suitable for review by a court-with some success in attempts to have these cases summarily dismissed. The author reviews the types ofclimate change cases that have been launched, examines the US and Canadian laws of justiciability analyzes the.paths in which the caselaw regarding justiciability in these countries is headed, and suggests how …

Requirements For A Renewables Revolution, Felix Mormann

Faculty Scholarship

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May

James R. May

No abstract provided.

Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …

Supreme Court Decides That Clean Air Act Displaces Federal Common Law Claims For Climate Change, James R. May

James R. May

No abstract provided.

Defendants Win "Round One" Of Climate Change Litigation In United States Supreme Court, Richard O. Faulk, John S. Gray

Richard Faulk

In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases (“GHG”) were displaced by the Clean Air Act (“CAA”) and EPA’s regulatory implementation of the Act’s provisions. In hindsight, this holding seems an inevitable outgrowth of Massachusetts v. EPA, 549 U.S. 497 (2007), which held that GHGs are pollutants subject to CAA regulation. Building on that precedent in a unanimous 8-0 opinion, the AEP Court gave the defendant utility companies a clear-cut victory by precluding judicial direct regulation of GHG through …

Future Force Sustainability: Department Of Defense And Energy Efficiency In A Changing Climate, Laura Horton

Golden Gate University Environmental Law Journal

Part I of this discussion will begin with background information on the United States military’s contribution to GHG emissions and climate change. It will also look at some examples of exemptions the military has received from federal environmental laws, particularly during times of conflict. Next, it will focus on energy efficiency standards and exemptions, some of which the military has stated it will comply with voluntarily. Part II of this discussion will then survey some of the ways the military has begun to meet energy efficiency standards, including renewable fuel programs and solar installations. That Part will look at these …

The Regulation Of Climate Engineering, Jesse Reynolds

Jesse Reynolds

Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona

34 slides

Materials For Presentation: Water Banks: Voluntary And Flexible Water Supplies For The Colorado River's Uncertain Future [Outline], Robert Wigington

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

4 pages.

"Robert Wigington, The Nature Conservancy"

Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

1 page.

"March 2008"

Material submitted by Les Lampe, Colorado River Water Consultants, for "Augmentation Options" program, Session 3: Mapping a New Course, Panel F: Some Policy Options and Solutions.

Colorado River Water Consultants is a project-specific partnership of engineering firms Black & Veatch and CH2MHill.

Agenda: Navigating The Future Of The Colorado River, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Competition for scarce Colorado River water resources is nothing new, but the conflicts that prompted the seven basin states to negotiate the 1922 Colorado River Compact have grown considerably fiercer and more complex in recent decades. In 2007, responding to the challenges of increasing demand and sustained drought, the seven basin states and a number of other affected interests agreed to a set of interim guidelines for allocating Colorado River water in the event of shortages. This agreement represents an important evolution in the governance of the Colorado River, suggesting that the many interests in the basin can work together …

Effective Access To Justice: Applying The Parens Patriae Standing Doctrine To Climate Change-Related Claims Brought By Native Nations, Elizabeth Ann Kronk

Public Land & Resources Law Review

No abstract provided.

Can The Battle Against Climate Change Become An Effective Social Movement?, John Dernbach

John C. Dernbach

No abstract provided.

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides

Federal Energy Efficiency And Conservation Laws, John Dernbach, Marianne Tyrrell

John C. Dernbach

This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using less energy. Rather than choosing between the two, U.S. law and policy splits the difference - embracing efficiency and conservation more or less halfheartedly. Energy efficiency and conservation policy thus has a Groundhog Day aspect, in which the same or similar arguments are made year after year, decade after decade, and often (it appears) to …

The Impact Of Climate Change In Developing Countries: Increasing Rates Of Under-5 Mortality, Monica Rizo

Monica Rizo

This paper proposes that the lack of access to safe drinking water of the climate change in the Sub-Saharan Africa is going to redound in the increase of death of children less than five years old.

Adaptation Strategies To Prevent Coastal Wetlands Loss In Urban Areas: Looking At Jamaica Bay In New York City, Briana W. Collier

Briana W. Collier

This paper examines some of the existing adaptation strategies currently available to address coastal wetlands loss. It uses Jamaica Bay in New York as an example to explore the legal pitfalls and policy considerations in making adaptation strategy choices, and looks toward the new tools on the horizon that may provide a more effective approach for adapting to sea level rise. This paper lays out the relevant science: the ecological and economic services coastal salt marsh resources provide; the specific natural resources at risk in Jamaica Bay; the projected rates of sea level rise; and the other local area factors …

Closing The Gap: Using The Clean Air Act To Control Lifecycle Greenhouse Gas Emissions From Energy Facilities, Colin Hagan

Colin Hagan

In the midst of the U.S. Environmental Protection Agency’s ongoing efforts to regulate greenhouse gas emissions from power plants, this manuscript assesses whether the Clean Air Act authorizes EPA to require a lifecycle greenhouse gas analysis as part of the statute’s pre-construction permitting requirements. A lifecycle analysis calculates emissions from all processes directly and indirectly related to electricity generation. In this manuscript, I argue that requiring lifecycle greenhouse gas analysis will help identify cost-effective measures for reducing emissions and avoid unintended consequences from switching to low-emitting resources such as natural gas, biomass, or nuclear power.

Closing The Gap: Using The Clean Air Act To Control Lifecycle Greenhouse Gas Emissions From Energy Facilities, Colin Hagan

Colin Hagan

In the midst of the U.S. Environmental Protection Agency’s ongoing efforts to regulate greenhouse gas emissions from power plants, this manuscript assesses whether the Clean Air Act authorizes EPA to require a lifecycle greenhouse gas analysis as part of the statute’s pre-construction permitting requirements. A lifecycle analysis calculates emissions from all processes directly and indirectly related to electricity generation. In this manuscript, I argue that requiring lifecycle greenhouse gas analysis will help identify cost-effective measures for reducing emissions and avoid unintended consequences from switching to low-emitting resources such as natural gas, biomass, or nuclear power.

Environmental Challenges Of Climate-Nuclear Fusion: A Case Study Of India, Deepa Badrinarayana

Deepa Badrinarayana

Climate change is launching a nuclear energy future, because nuclear power generation produces low greenhouse gas emissions. Nations are therefore reviewing their nuclear energy portfolio and expanding international cooperation on civilian nuclear energy. India is a notable example. Recognizing India’s energy demands and climate mitigation problems associated with fossil fuel use, the Nuclear Supplier’s Group, at the behest of the United States, removed nuclear trade sanctions imposed on India. India has been subsequently negotiating and signing numerous bilateral agreements aimed at expanding its domestic nuclear power generation facility. The apparent advantages of nuclear energy in mitigating climate change are significantly …

Redd, Pinc And Other Shades Of Green: Institutional Requirements For An International Forest Carbon Sequestration Treaty In A Post-Kyoto World, Kenneth R. Richards, Liz Baldwin

Kenneth R. Richards

The article examines the services needed to support an effective international forest carbon sequestration (IFCS) treaty. The international community has committed to including an IFCS program in the post-Kyoto climate change regime, but has not yet agreed on a specific structure for an IFCS agreement. Nonetheless, billions of dollars have been mobilized and funneled through existing institutions to support IFCS activities. The climate change literature includes much debate about the ideal policy approach to IFCS, but relatively little on the legal, scientific and political institutions needed to implement the various approaches. This article adds a valuable discussion of the services …

Remaking The World To Save It: Applying U.S. Environmental Laws To Climate Engineering Projects, Tracy Hester

Tracy Hester

Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to explore techniques that directly influence or control global and regional climatic systems to offset climate change effects. As climate engineering research expands, U.S. environmental law could become an important forum for efforts to control nascent climate engineering technologies. Federal and state agencies should start now to map out regulatory strategies and guidance for potential requests …

A Political Question: Public Nuisance, Climate Change And The Courts, Richard O. Faulk, John S. Gray

Richard Faulk

When it comes to climate change regulation, one of the great discussions of our day is whether the political branches of government or the judiciary should lead the way. Is it appropriate or wise to use the crucible of the courtroom to forge standards regarding what emission levels are, and are not, acceptable? In other words, is the use of tort litigation in this context a legitimate judicial exercise, or does the judiciary overstep its bounds by reaching impermissibly into the political sphere? Although the poet’s imagination may dream of leaping to seize an otherwise inaccessible prize, wise jurists know …

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach

John C. Dernbach

This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a …

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Journal Articles

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation easements face the decision of either (1) changing conservation easement agreements to fit the landscape or (2) changing the landscape to fit the conservation easements. Both of these options present benefits and challenges in implementation. Where conservation easement holders’ ultimate goal is to keep a maximum number of acres under protection from …