Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate change (3)
- Arkansas Game & Fish Commission v. United States (1)
- Climate change geoengineering (1)
- Climate change treaty (1)
- Climate-related disaster (1)
-
- Downstream inundation (1)
- Environmental justice (1)
- Extractive industries (1)
- Flood control dam (1)
- Freshwater (1)
- Global warming (1)
- Green Climate Fund (1)
- Guatemala (1)
- Indigenous rights (1)
- Indirect expropriation (1)
- Intentional tort (1)
- International arbitration (1)
- Inundation (1)
- Kyoto protocol (1)
- Maxine Burkett (1)
- Metal mining (1)
- Nuisance (1)
- Nuisance prevention (1)
- OIF (1)
- Ocean iron fertilization (1)
- Post-kyoto climate change regime (1)
- REDD (1)
- Taking (1)
- Takings Clause (1)
- Tort immunity (1)
Articles 1 - 5 of 5
Full-Text Articles in Environmental Law
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Journal Publications
Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …
Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate
Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate
Journal Publications
No abstract provided.
Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen
Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen
Journal Publications
The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …
A Tale Of Two Carbon Sinks: Can Forest Carbon Management Serve As A Framework To Implement Ocean Iron Fertilization As A Climate Change Treaty Compliance Mechanism?, Randall S. Abate
Journal Publications
Any post-Kyoto climate change treaty regime must seek to fully engage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and degradation (REDD) quickly gained popularity as a viable climate change compliance strategy in the period immediately preceding the negotiations at the Fifteenth Conference of the Parties (COP 15) in Copenhagen in 2009. The Copenhagen Accord is replete with references to REDD as a focus for the international community's progression …
Climate Change And Freshwater Resources, Robert H. Abrams, Noah D. Hall, Bret B. Stuntz
Climate Change And Freshwater Resources, Robert H. Abrams, Noah D. Hall, Bret B. Stuntz
Journal Publications
Earth's climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater resources. …