Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (17)
- Natural Resources Law (15)
- Water Law (12)
- Administrative Law (11)
- Social and Behavioral Sciences (10)
-
- Environmental Policy (9)
- Public Affairs, Public Policy and Public Administration (9)
- Agriculture Law (8)
- Comparative and Foreign Law (8)
- State and Local Government Law (8)
- Energy and Utilities Law (7)
- Environmental Sciences (7)
- Natural Resource Economics (7)
- Natural Resources Management and Policy (7)
- Physical Sciences and Mathematics (7)
- Property Law and Real Estate (7)
- Climate (6)
- Dispute Resolution and Arbitration (6)
- Indigenous, Indian, and Aboriginal Law (6)
- Law and Economics (6)
- Natural Resources and Conservation (6)
- Oceanography and Atmospheric Sciences and Meteorology (6)
- Science and Technology Law (6)
- Water Resource Management (6)
- Contracts (5)
- Earth Sciences (5)
- Engineering (5)
- Hydrology (5)
- Institution
-
- University of Colorado Law School (8)
- Columbia Law School (7)
- Selected Works (7)
- SelectedWorks (4)
- University of Maryland Francis King Carey School of Law (3)
-
- University of Miami Law School (3)
- Vanderbilt University Law School (3)
- Florida A&M University College of Law (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Pace University (2)
- Schulich School of Law, Dalhousie University (2)
- Golden Gate University School of Law (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- University at Buffalo School of Law (1)
- University of Michigan Law School (1)
- Publication
-
- Faculty Scholarship (6)
- Articles (4)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (4)
- Journal Articles (3)
- Prof. Elizabeth Burleson (3)
-
- Sabin Center for Climate Change Law (3)
- Vanderbilt Law School Faculty Publications (3)
- Articles by Maurer Faculty (2)
- Carmen G. Gonzalez (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Publications (2)
- Andrew T Guzman (1)
- Articles, Book Chapters, & Popular Press (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14) (1)
- Dalhousie Law Journal (1)
- Florida A & M University Law Review (1)
- Golden Gate University Environmental Law Journal (1)
- James R. May (1)
- Jesse Reynolds (1)
- Journal Publications (1)
- Maryland Journal of International Law (1)
- Robert Percival (1)
- Robert R.M. Verchick (1)
- Roberta F Mann (1)
- Sarah Krakoff (1)
- Publication Type
Articles 1 - 30 of 49
Full-Text Articles in Environmental Law
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
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 …
The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins
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 …
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
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
Supreme Court Decides That Clean Air Act Displaces Federal Common Law Claims For Climate Change, James R. May
James R. May
No abstract provided.
Future Force Sustainability: Department Of Defense And Energy Efficiency In A Changing Climate, Laura Horton
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
The Regulation Of Climate Engineering, Jesse Reynolds
Jesse Reynolds
Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby
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
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
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
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 …
Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen
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
Slides: Environmental Water In Australia, Chris Arnott
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
Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs
Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs
Florida A & M University Law Review
No abstract provided.
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
Roberta F Mann
Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world’s supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Sarah Krakoff
Local food, local work, local energy production—all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This paper maintains, however, that some forms of localism are actually expressions, and appropriate ones, of a planetary environmental consciousness. The paper’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely …
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan
Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan
Vanderbilt Law School Faculty Publications
Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt economic systems so much that a different approach is required. We argue that catastrophic climate change is a prime example of a macro-risk. Research by climate scientists suggests disturbingly high likelihoods of temperature increases and sea level rises that could cause the kinds of systemic failures that almost occurred with the financial system. We suggest that macro-risks should be the principal concern of rational risk assessment and management, but they …
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Faculty Scholarship
This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.
This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …
Sequential Climate Change Policy, Edward A. Parson, Darshan Karwat
Sequential Climate Change Policy, Edward A. Parson, Darshan Karwat
Articles
Successfully managing global climate change will require a process of sequential, or iterative, decision‐making, whereby policies and other decisions are revised repeatedly over multiple decades in response to changes in scientific knowledge, technological capabilities, or other conditions. Sequential decisions are required by the combined presence of long lags and uncertainty in climate and energy systems. Climate decision studies have most often examined simple cases of sequential decisions, with two decision points at fixed times and initial uncertainties that are resolved at the second decision point. Studies using this formulation initially suggested that increasing uncertainty favors stronger immediate action, while the …
The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman
The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman
Publications
Over the last several years, so-called carbon markets have emerged around the world to facilitate trading in greenhouse gas credits. This Article takes a close look at an unexpected and unprecedented development in some of these markets--premium "green" currencies have emerged and, in some cases, displaced standard compliance currencies. Past experiences with other environmental compliance markets, such as the sulfur dioxide and wetlands mitigation markets, suggest the exact opposite should be occurring. Indeed, buyers in such markets should only be interested in buying compliance, not in the underlying environmental integrity of the compliance unit. In some of the compliance carbon …
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Publications
This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, J.B. Ruhl, Robin Craig
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, J.B. Ruhl, Robin Craig
Vanderbilt Law School Faculty Publications
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the clock or halting an undesirable trend, historic baselines have distinct advantages compared to alternative techniques for standard setting. These advantages include rhetoric, familiarity, and flexibility. The use of the temporal reference point lies at the heart of what makes historic baselines distinct in this respect, yet it is also what makes them qualitatively different for purposes of gaming. Leveraging the past provides an additional dimension to the gaming …
General Design Principles For Resilience And Adaptive Capacity In Legal Systems--With Applications To Climate Change Adaptation, J.B. Ruhl
Vanderbilt Law School Faculty Publications
No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the law up to the task? If it is, it will at least in part be because the legal system proves to be resilient and adaptive. The question this Article explores, therefore, is how to think about designing legal instruments and institutions now with confidence they will be resilient and adaptive to looming problems as massive, variable, and long-term in scale …
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 …
Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis
Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis
Maryland Journal of International Law
No abstract provided.