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Full-Text Articles in Law

Constitution And Pollution: Federalism At Work, David R. Hodas Sep 2014

Constitution And Pollution: Federalism At Work, David R. Hodas

David R. Hodas

No abstract provided.


State Initiatives, David Hodas Dec 2013

State Initiatives, David Hodas

David R. Hodas

Every state in the United States has adopted laws or policies to address climate change, either explicitly or indirectly through energy regulation, transportation-related initiatives, or energy building codes. Innovative state laws and policies have proven remarkably effective in reducing GHG emissions both quantitatively and as a percentage of state GDP. Broadly speaking, states understand that climate change is a global phenomenon that must be addressed nationally and internationally. Inevitably much GHG emission reduction and adaptation to the adverse consequences of climate change falls on states to implement because of their local powers to regulate utilities, land use, building codes, transportation, …


Law, The Laws Of Nature And Ecosystem Energy Services: A Case Of Wilful Blindness, David R. Hodas Jun 2013

Law, The Laws Of Nature And Ecosystem Energy Services: A Case Of Wilful Blindness, David R. Hodas

David R. Hodas

Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were produced by ancient ecosystem services. However, our legal and economic systems fail to recognise the value of the ecosystem service subsidies embedded in fossil fuels. This ecosystem services price subsidy causes overuse and waste of fossil fuels in the free market: fossil fuels are consumed more quickly than they can be replaced by ecosystem services and in far larger quantities than they would be if the price of fossil fuels included the cost of …


Law, Ecosystem Valuation And Risk Allocation, David Hodas Jul 2012

Law, Ecosystem Valuation And Risk Allocation, David Hodas

David R. Hodas

Assigning a precise economic value to a non-market ecosystem service or environmental externality that damages an ecosystem or human health and welfare is challenging. However, if we tie fairness and equity to getting the “prices” exactly right, the best will become the enemy of the good and we will sacrifice ecosystem services on the alter of excessive exactness. In terms of equity and ecosystem services, the precision of any particular monetized value is less important than that there be a value, and that the value is incorporated into legal and policy decisions. Existing legal models and institutional frameworks were not …


A Global Law Of Sustainable Energy, David Hodas Jul 2012

A Global Law Of Sustainable Energy, David Hodas

David R. Hodas

The 1992 United Nations Conference on Environment and Development adopted the Rio Declaration on Environment and Development and Agenda 21 as the core principles and a program of action to achieve sustainable development; neither addressed energy as a central theme. In 2002, sustainable energy was a central theme at the World Summit on Sustainable Development and was addressed in detail in the Johannesburg Plan of Implementation. However, in 2012, neither climate change nor sustainable energy will be on Rio+20’s agenda. Ironically, 2012 is the U.N. International Year of Sustainable Energy For All. Rio+20 and the International Year are only loosely …


Vantage Point, David R. Hodas Dec 2011

Vantage Point, David R. Hodas

David R. Hodas

No abstract provided.


International Law And Sustainable Energy: A Portrait Of Failure, David Hodas Dec 2010

International Law And Sustainable Energy: A Portrait Of Failure, David Hodas

David R. Hodas

Despite energy’s critical role in achieving nearly sustainable development and in mitigating climate change goal, internationally, sustainable energy remains a homeless orphan. In May 2007, after years of preparatory work that was thought to have produced consensus on fundamental sustainable energy policies and principles, the Commission on Sustainable Development met at CSD-15 to adopt a concrete set of specific policies and actions to make the world’s energy system more sustainable and accessible to the world’s poor. Tragically, the CSD-15 not only failed to produce agreement on any new ideas, but the pre-existing consensus on basic principles dissolved. Internationally, not a …


Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas Dec 2010

Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas

David R. Hodas

No abstract provided.


Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas Dec 2009

Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas

David R. Hodas

No abstract provided.


Clean Energy Policy In Delaware: A Small Wonder, Collin O'Mara, Philip Cherry, David R. Hodas Dec 2009

Clean Energy Policy In Delaware: A Small Wonder, Collin O'Mara, Philip Cherry, David R. Hodas

David R. Hodas

No abstract provided.


Delaware Energy Plan: 2009‐2014, David R. Hodas Mar 2009

Delaware Energy Plan: 2009‐2014, David R. Hodas

David R. Hodas

No abstract provided.


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Dec 2008

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

David R. Hodas

No abstract provided.


Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth Dec 2008

Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth

David R. Hodas

No abstract provided.


Vantage Point, David R. Hodas Dec 2007

Vantage Point, David R. Hodas

David R. Hodas

No abstract provided.


State Initiatives, David Hodas Dec 2006

State Initiatives, David Hodas

David R. Hodas

No abstract provided.


Appliance Energy Efficiency Labels And Standards, David R. Hodas Dec 2006

Appliance Energy Efficiency Labels And Standards, David R. Hodas

David R. Hodas

No abstract provided.


Ecosystem Subsidies Of Fossil Fuels, David R. Hodas Dec 2006

Ecosystem Subsidies Of Fossil Fuels, David R. Hodas

David R. Hodas

Ecosystems provide the invaluable service of collecting and storing solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were gifted to us by the sun and collected and stored for our use by ancient ecosystem services. However, our legal and economic systems fail to recognize the value of this ecosystem service that is embedded in fossil fuels. As a result, society uses fossil fuels as though they were free and inexhaustible. This market failure means that fossil fuels are being consumed more quickly than they can be replenished, which in turn has affected …


Climate Change And Land Use In Africa, David Hodas Dec 2005

Climate Change And Land Use In Africa, David Hodas

David R. Hodas

Sub-Saharan Africa faces a major development crisis due to the global climate crisis and rising prices for fossil fuels. By 2030, the world’s energy needs will be 30 percent greater than they are now. This will frustrate Africa’s plans for rapid economic and technological expansion, which are based on the dominant low-cost fossil fuel model. Climate change is also become pressing policy issues. Although Sub-saharan nations emit very little carbon dioxide, their reliance on livestock and agriculture as commercial resources, results in relatively high level of methane and nitrous oxide emission rate. The IPCC has predicted that climate change will …


Sustainable Development And The Marrakech Accords, David Hodas Dec 2004

Sustainable Development And The Marrakech Accords, David Hodas

David R. Hodas

The United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) in Marrakech drafted a legal and institutional structure to govern various market-based mechanisms to limit greenhouse gas (GHG) emissions. This governance instrument incorporated both economic and environmental considerations at every stage of the decision-making process. The Marrakech Accords operational guidelines govern three alternative market-based approaches: Clean Development Mechanism; Joint Implementation; and Emissions Trading. The Marrakech Accords require the development of principles and rules for measuring emission baselines and additionality which define what is a valid GHG emission reduction, the degree sustainability influences project approval, and overall …


The Challenge Of High Priced Oil, David R. Hodas Dec 2004

The Challenge Of High Priced Oil, David R. Hodas

David R. Hodas

No abstract provided.


Executive Privilege And Energy Policy, David R. Hodas Dec 2004

Executive Privilege And Energy Policy, David R. Hodas

David R. Hodas

No abstract provided.


State Law Responses To Global Warming: Is It Constitutional To Think Globally And Act Locally?, David R. Hodas Dec 2002

State Law Responses To Global Warming: Is It Constitutional To Think Globally And Act Locally?, David R. Hodas

David R. Hodas

The constitution creates a federalist system, in which States retain general police power not superseded or limited by the Constitution or federal law. Under President George W. Bush, the United States adopted two seemingly conflicting positions. At the federal level, President Bush has rejected the Kyoto Protocol and declined to develop any material foreign or domestic policies to limit greenhouse gas (GHG) emissions. At the state level, many states adopted a wide range of policies, statutes and regulations addressing GHG emissions. Critics of these policy initiatives question whether States possess the constitutional authority to address global warming, citing the doctrines …


Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas Dec 1999

Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas

David R. Hodas

No abstract provided.


The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas Dec 1997

The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas

David R. Hodas

No abstract provided.


Foreword, David R. Hodas Dec 1997

Foreword, David R. Hodas

David R. Hodas

No abstract provided.


Using Environmental Externalities To Regulate The Risk Of Harm From Greenhouse Gas Emissions, David Hodas Dec 1996

Using Environmental Externalities To Regulate The Risk Of Harm From Greenhouse Gas Emissions, David Hodas

David R. Hodas

No abstract provided.


Special Committee On Climate Change And Sustainable Development: 1996 Annual Report, David Hodas, Laura Kosloff Dec 1996

Special Committee On Climate Change And Sustainable Development: 1996 Annual Report, David Hodas, Laura Kosloff

David R. Hodas

No abstract provided.


White Paper On Climate Change, David Hodas Dec 1995

White Paper On Climate Change, David Hodas

David R. Hodas

No abstract provided.


The Climate Change Convention And Evolving Legal Models Of Sustainable Development, David R. Hodas Dec 1994

The Climate Change Convention And Evolving Legal Models Of Sustainable Development, David R. Hodas

David R. Hodas

No abstract provided.


Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas Dec 1994

Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas

David R. Hodas

No abstract provided.