Climate 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 …

Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice

Connecticut Law Review

Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …

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 …

Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol

Honors Projects

With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.

Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …

Just Transition Litigation In Latin America: An Initial Categorization Of Climate Litigation Cases Amid The Energy Transition, Maria Antonia Tigre, Lorena Zenteno, Marlies Hesselman, Natalia Urzola, Pedro Cisterna-Gaete, Riccardo Luporini

Sabin Center for Climate Change Law

Just transition litigation is a novel field representing a sub-set of climate change litigation cases that is under-researched and studied. The report provides a novel comparative analysis of legal developments found in 20 just transition litigation cases in four Latin American countries and questions whether initiatives for achieving energy transformation in the region may have erred in failing to consider key just transition principles or dimensions, leading applicants to bring legal cases to claim their rights or demand more just solutions. The cases found – limited to the energy sector – not only question decarbonization policies or projects (in typical …

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

Villanova Environmental Law Journal

No abstract provided.

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 …

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.

On Environmental, Climate Change & National Security Law, Mark P. Nevitt

All Faculty Scholarship

This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …

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 …

Governance Of Arctic Shipping: Rethinking Risks, Human Impacts And Regulation, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

OER Texts

This open access book is a result of the Dalhousie-led research project Safe Navigation and Environment Protection, supported by a grant from the Ocean Frontier Institute’s the Canada First Research Excellent Fund (CFREF). The book focuses on Arctic shipping and investigates how ocean change and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests. A rapidly changing Arctic as a result of climate change and ice loss is rendering the North more accessible, providing new opportunities while producing impacts on the Arctic. …

Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White

Independent Study Project (ISP) Collection

When discussing the issue of political autonomy, the usual topics that are taken into consideration are based around human rights, language, culture, society or economics. Those are the most commonly discussed for good reason, as they are important for the rights and freedoms of a community itself. However, this research paper aims to investigate further into the discussion of the environmental effects of political autonomy in Spain, specifically in the matter of autonomous competencies for waterway and air management. Therefore, in order to test such a hypothesis, this study will use the Basque Country of Spain as the subject, and …

Public Participation During Reactive, Crisis-Driven Drought Planning Versus Proactive, Preparedness Planning, C. Anna Ulaszewski

Walden Dissertations and Doctoral Studies

Droughts are occurring globally and should be recognized as a global issue and drought planning should use a proactive approach on the part of the world community. However, much drought planning, even in developed and highly developed countries, is reactive and programs are often poorly coordinated sometimes with unforeseen negative consequences for marginalized and disenfranchised populations. Literature pertaining to planning strategy for existing, drought crises is nominal and often contributes to patterns of reactiveness and resulting inequity. To gain a better understanding of crisis-driven planning and the participatory process, this gap was viewed through the lenses of institutional analysis and …

Going Negative: The Next Horizon In Climate Engineering Law, Tracy Hester, Michael B. Gerrard

Faculty Scholarship

As the global community struggles to turn the Paris Agreement’s commitments into meaningful emission reductions and the United States turbulently reverses its climate policies, the potential role of “negative emissions technologies” and other climate engineering approaches is drawing increasingly serious attention. These technologies are engineering on the grandest scale: climate engineering seeks to offset the effects of anthropogenic climate change by either altering the solar radiation reaching the earth’s surface or changing the composition of the atmosphere itself. Specifically, negative emissions technologies would directly remove greenhouse gases (GHGs) from the ambient air and help to remove accumulated atmospheric carbon dioxide …

A Landscape Of Thermal Inequity: Social Vulnerability To Urban Heat In U.S. Cities, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

A combination of the urban heat island effect and a rising temperature baseline resulting from global climate change inequitably impacts socially vulnerable populations residing in urban areas. This dissertation examines distributional inequity of exposure to urban heat by socially disadvantaged groups and minorities in the context of climate justice. Using Cutter’s hazards-of-place model, variables indicative of social vulnerability and biophysical vulnerability are statistically tested for their associations. Biophysical vulnerability is conceptualized utilizing a urban heat risk index calculated from summer 2010 LANDSAT imagery to measure land surface temperature , structural density through the normalized difference built-up index, and vegetation abundance …

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

William & Mary Environmental Law and Policy Review

No abstract provided.

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. …

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole

Articles by Maurer Faculty

Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

Planning For Adaptation To Climate Change: Lessons From The Us National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, Alexei Babko, Michael Kennedy, Lei Liu, Michelle Robinson

Articles by Maurer Faculty

US national wildlife refuges have recent, detailed management plans illustrating the state of planning for climate-change adaptation in protected areas. Discussion of and prescriptions for addressing climate change increased in refuge plans between 2005 and 2010 but decreased in 2011. The plans respond to some climate-change impacts on biodiversity and call for monitoring but with little clarity regarding how to act on monitoring results and scant attention to future changes in phenology and community composition. The threats posed by sea-level rise generated the best-developed plan prescriptions. Examples of excellent prescriptions provide models for future planning. Some decision-support tools, such as …

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.

The Climate Change Challenge: An Update From Washington, Christina Deconcini

ELPR Annual Symposium

No abstract provided.

Climate Change, Resource And Infrastructure Use: Emerging Regional And International Law Issues, Rudiger Tscherning, Francis Botchway, Muna Mustafa H A Al-Marzouqi

ELPR Annual Symposium

No abstract provided.

Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 8 slides

Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)

30 slides

Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Michael Dettinger, USGS, Scripps Institution of Oceanography, La Jolla, CA

30 slides

"with contributions from Julio Betancourt, Dan Cayan, & others"

Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute

65 slides

Changing Policy Without Changing Law: Addressing Climate Change Under The Clean Air Act, Philip Wallach

Brookings Scholar Lecture Series

The evolution of our national climate change policy at the Environmental Protection Agency (EPA) from the 1990s-2000s, is marked by a backdrop of congressional inaction. In 2007, litigation (Massachusetts v. EPA) required the EPA to re-interpret the Clean Air Act to also apply to greenhouse gases. This presentation will include a summary of the legal arguments in that case, and the narrow Supreme Court decision that supported the petitioners; a review of the legal and practical challenges emanating from this ruling; and consideration of the EPA's impact on continuing legislative debates. The speaker will explore the impact of this decision …

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.