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Full-Text Articles in Law
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Utah Law Review
With climate change litigation proliferating throughout the world, a substantial body of case law is emerging. As part of a project of the IUCN World Commission on Environmental Law's Climate Change Specialist Group, this Article, a version of which will be included in a “Judicial Handbook on Climate Litigation,” explains the public trust doctrine’s influence on climate change litigation internationally. We select what we view as judicial “best practices” as a kind of restatement of international atmospheric trust law in 2022. International atmospheric trust law is at the forefront of many best practices, as state and federal courts in the …
Permitting Seaweed Cultivation For Carbon Sequestration In California: Barriers And Recommendations, Korey Silverman-Roati, Romany M. Webb, Michael B. Gerrard
Permitting Seaweed Cultivation For Carbon Sequestration In California: Barriers And Recommendations, Korey Silverman-Roati, Romany M. Webb, Michael B. Gerrard
Faculty Scholarship
Interest is growing in seaweed cultivation and sequestration as a carbon dioxide removal strategy. This white paper explores the barriers to seaweed permitting for carbon sequestration in California, including a complex, costly, and time-consuming lease and permitting process. Other states in the U.S., namely Maine and Alaska, have permitting systems designed to be more supportive of seaweed cultivation. This paper describes the legal framework for seaweed cultivation permitting in California and discusses the permitting systems in Maine and Alaska. The paper then explores possible reforms to streamline California’s permitting process, while maintaining appropriate environmental and other safeguards.
Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard
Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard
Faculty Scholarship
Carbon dioxide removal (“CDR”) will be needed, alongside deep emissions cuts, to achieve global temperature goals. According to a 2022 report by the Intergovernmental Panel on Climate Change, to keep global average temperatures within 1.5°C above preindustrial levels, carbon dioxide and other greenhouse gas emissions must reach net-zero by mid-century. Scientists have proposed a number of land- and ocean-based CDR techniques. This paper focuses on ocean fertilization, which involves adding iron or other nutrients to the ocean to stimulate the growth of phytoplankton that uptake carbon dioxide and convert it into organic carbon. The hope is that the organic carbon …
New York Environmental Legislation In 2021, Michael B. Gerrard, Edward Mctiernan
New York Environmental Legislation In 2021, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
This annual survey of New York environmental legislation describes numerous new laws on single-use plastics, lead exposure, drinking water, fuel oil, climate resilience, solar energy, invasive species and other areas that were signed into law in 2021.