Environmental Law Commons^™

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss

School of Law Faculty Publications

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

School of Law Faculty Publications

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though we are still in …