Oceanography and Atmospheric Sciences and Meteorology Commons^™

The Changing Tides Of Action To Address Ocean Acidification In Maine, Ivy L. Frignoca, Heather R. Kenyon

Maine Policy Review

As carbon dioxide emissions continue to rise worldwide, ocean acidification has become a consequence that threatens both human and natural processes. On a global scale, ocean acidification is relatively well understood. However, the complex ecosystem of the nearshore environment presents challenges for monitoring and addressing ocean acidification. In a state such as Maine, whose communities heavily depend on the health of the coastal environment, understanding this threat becomes critically important.

In 2014, Maine’s legislature established a six month study commission to investigate this problem and produce recommendations. The commission proposed a coast-wide monitoring network that could identify and use a …

International Advisory Proceedings On Climate Change, Benoit Mayer

Michigan Journal of International Law

Several island states are expected to be severely harmed by climate change and rising sea levels. In late 2021, several island states launched two legal initiatives aimed at requesting advisory opinions of international courts on the law applicable to climate change. In the hope of fostering more action to combat climate change, these states are asking international courts to clarify the obligations of states to cut greenhouse gas emissions and pay reparations for harm already caused.

This article provides the first comprehensive assessment of the feasibility and desirability of international advisory proceedings on climate change. It analyzes recent developments and …

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal

No abstract provided.

Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green

Arkansas Law Review

In this Article, I recount some of the history of unwise and improvident land use policy and practices that have led to gross inequities and to the climate-exposed state, not only in terms of where people were assigned spaces to live, but how. I go on to suggest that communities should be designed with intent, with regard for the threats of climate change as well as accessibility to those historically excluded.

Making Net Zero Matter, Albert C. Lin

Washington and Lee Law Review

In recent months, dozens of countries and thousands of businesses have pledged to achieve net zero greenhouse gas emissions. However, net zero often means different things to different entities, and it is often uncertain how net zero pledges—which set targets years or decades from the present—will be met. This Article considers the motivations behind net zero pledges, highlights the underappreciated role of carbon removal in net zero efforts, and identifies mechanisms for encouraging the accomplishment of net zero goals. Two key strategies are essential to making net zero targets matter. First, society should develop and implement accountability and enforcement mechanisms …

Enhancing The Weather: Governance Of Weather Modification Activities Of The United States, Manon Simon

William & Mary Environmental Law and Policy Review

In the context of climate change, weather modification by cloud seeding, and in particular, precipitation enhancement techniques, has gained a renewed attention from governments. In the United States, several states run weather modification programs to secure freshwater resources and increase both crop and hydroelectricity production. Weather modification techniques were developed post–World War II, and so were the legal arrangements that govern them. Since then, weather modification law has undergone little to no reform. California and Texas are two active users of cloud-seeding technologies but employ very different governance frameworks. This Article assesses the effectiveness of weather modification governance in these …

Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.

Before Disaster Strikes: Preparing America To Be Disaster Resilient, Cole Hoyt

William & Mary Environmental Law and Policy Review

Major natural disasters in the United States are occurring more frequently and are causing more damage and destruction than ever before in the nation’s history. With the increased number and intensity of natural disasters, America’s failing infrastructure and current resiliency plan are inadequate to successfully prepare and respond to such catastrophic events. As a direct result, natural disasters in the United States cause scores of deaths and injuries, inflict billions of dollars’ worth of damage per disaster, and make it increasingly more difficult for Americans to recover and return to a sense of normalcy.

The World Health Organization (“WHO”), offers …

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure

William & Mary Environmental Law and Policy Review

The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean …

Is The Paris Agreement Already Poised For Failure? - Discerning How Impactful The Clean Power Plan's Fate Is On The Latest Global Climate Initiative, Shawn Eric Mckenzie

Georgia Journal of International & Comparative Law

No abstract provided.

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …

The Arctic: Science, Law, And Policy, Charles H. Norchi, Paul A. Mayewski

Ocean and Coastal Law Journal

In 1959, Sir Charles Snow (C.P. Snow) delivered a lecture at Cambridge University entitled The Two Cultures and the Scientific Revolution in which he identified a duality of cultures. There were the scientists and the humanists--two dimly acquanited cultures that rarely communicated, and when they did it was usually at cross-purposes. One culture was contentedly unknowing and skeptical of science, and the other was marginal to the great social questions of the time. For C.P. Snow, the polarization and lack of communication between the two groups could be fatal to the Western World. The 21st century has also revealed polarized …

Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez

William & Mary Environmental Law and Policy Review

No abstract provided.

From Rising Heat Comes Rising Tension In Syria: How Global Warming Started A War & Threatens Homeland Security, D'Andre Lampkin

William & Mary Environmental Law and Policy Review

This Essay investigates the links of climate change as it relates to civil unrest and terrorism in Syria and the ongoing civil war occurring in the region. The goals are to explore how climate change leads to instability in the region and gives rise to the spread of terrorist organizations, and to suggest solutions to lay the foundation for restoring economic, social, and political stability in the region.

Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt

BYU Law Review

One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to finality …

Changing Winds And Rising Tides On Beach Renourishment In Florida: Short-Term Alternatives And Long-Term Sustainable Solutions Using Law And Policy From Florida And Nearby States, Lewis Van Alstyne Iii

Florida A & M University Law Review

Sandy beaches make up 825 miles of Florida's 1,260 total miles of coastline around the Sunshine State's peninsula. These beaches are changing over time due to the natural erosional forces of wind and water. Coastal engineering attempts to halt natural forces with man-made structures such as buildings, piers, groins, jetties, breakwaters, sea walls, ports, inlets, and in some cases, it creates new sandy beaches and world-class cities where none existed. In an effort to protect the new real estate from the erosion that has always existed, engineers created beach nourishment. This Article focuses on building up beaches through beach nourishment. …

A Review Of "Climate Justice: Vulnerability And Protection," By Henry Shue, Edwardo Rhodes

Indiana Journal of Global Legal Studies

Henry Shue's Climate Justice: Vulnerability and Protection offers an extremely useful and readable guide to the key challenges, workable objectives, and possible responses to a major-if not the major-global problem faced today. For anyone interested or working in the area of international carbon emission control and remediation, this book places the subject in a combined philosophical and economic development framework while imposing an overarching principle of fairness.

Henry Shue presents an interesting and informative collection of essays and articles on climate change and the need for a method of global response to deal with the prickly issues of global warming. …

Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels

BYU Law Review

For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal case of Massachusetts v. EPA, it appeared that those advocating this strategy had a winning game plan. That sense grew and solidified when the Obama Administration came to power. However, over the past several years, we have seen a countervailing movement embodied in a growing resentment towards EPA and climate change policy in general. This movement has mobilized into a powerful …

A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho

BYU Law Review

No abstract provided.

Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall

BYU Law Review

No abstract provided.

Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair

Brigham Young University International Law & Management Review

No abstract provided.

High Resolution Dune Complex Mapping For The Monitoring Of Coastal Landform Change, First Landing State Park, Virginia, George M. Mcleod, Joe Daigneau, James Collins, Norma Swan, Thomas R. Allen

Virginia Journal of Science

First Landing State Park is located on the southern shore of the mouth of the Chesapeake Bay. The park contains a prograding shoreline and dune complex that has been steadily growing northward. Accurate three dimensional mapping of the resident coastal dune features is challenging due to the dynamic nature of the dunescape. Precise mapping within First Landing was accomplished through careful planning, employ of advanced Global Positioning System (GPS) technology, and intensive data analysis. Mapping ensued during a period of optimal satellite signal availability and strength. Data points were collected at manual intervals with a Leica GS50+ GPS receiver, utilizing …

The Maine Shore And The Army Corps: A Tale Of Two Harbors, Wells And Saco, Maine, Joseph Kelley, Walter Anderson

Maine Policy Review

By discussing the problems of beach erosion and sand movement at Wells and Saco, Maine, Joseph Kelley and Walter Anderson demonstrate how single-minded, engineering approaches to complex, interdisciplinary coastal issues can create bigger problems than previously existed. As Kelley and Anderson explain, at both Wells and Camp Ellis, the Army Corps of Engineers was brought in to construct a harbor at no local cost to the community. This was accomplished by constructing jetties, and the result has been a persistent and serious problem of beach erosion. Over the years, the Army Corps has offered further technical solutions that have served …

Climatic Change Apocalypse And Law, Ray Jay Davis

Brigham Young University Journal of Public Law

No abstract provided.