Columbia Law School, Sabin Center for Climate Change Law
NYU School of Law
William & Mary Law School
Seattle University School of Law
University of Oklahoma College of Law
University of Montana, Missoula
Barry University School of Law
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection,
2023
American University Washington College of Law
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii
Sustainable Development Law & Policy
Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense,
2023
American University Washington College of Law
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm,
2023
American University Washington College of Law
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation,
2023
American University Washington College of Law
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
Sustainable Development Law & Policy
Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business,
2023
Vanderbilt University Law School
The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl
Pace Environmental Law Review
Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.
Natural Resource Systems And The Evolution Of Environmental Law,
2023
Pace University
Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman
Pace Environmental Law Review
Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.
A Balanced Prescription For More Effective Environmental Regulations,
2023
Vanderbilt University
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
Pace Environmental Law Review
Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …
Environmental Law For The 21st Century,
2023
Yale Faculty Account
Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty
Pace Environmental Law Review
In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …
Introduction,
2023
Pace University
Introduction, Gabriella Mickel, Samantha Blend
Pace Environmental Law Review
No abstract provided.
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes,
2023
Pepperdine University
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Pepperdine Dispute Resolution Law Journal
The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …
Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District,
2023
Villanova University Charles Widger School of Law
Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. Thummborst
Villanova Environmental Law Journal
No abstract provided.
Taking Tennessee Electric With A Private Vehicle Charging Market: An Ev Infrastructure Policy For Conservative States,
2023
Vanderbilt School of Law
Taking Tennessee Electric With A Private Vehicle Charging Market: An Ev Infrastructure Policy For Conservative States, Claire Bonvillain J.D. Candidate
Vanderbilt Journal of Entertainment & Technology Law
The transition from petroleum to electricity as a fuel source for vehicles is an essential step in the effort to stop harmful climate change. The transportation sector currently produces more carbon emissions in the United States than any other area. Recognizing this, the federal government and several states have recently devoted resources to facilitating the transition to large-scale electric vehicle (EV) use. In particular, there must be a nationwide network of EV charging infrastructure so that EV drivers can confidently drive EVs anywhere. Much of the legal research on increasing the number of EV charging facilities and consumer EV purchases …
Recent Case Decisions,
2023
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Evolving Trends In Production Sharing Agreements & Cost Recovery Systems,
2023
University of Oklahoma College of Law
Evolving Trends In Production Sharing Agreements & Cost Recovery Systems, Eduardo G. Pereira, Reg Fowler, Thomas Stephens, Alicia Elias-Roberts, André Lemos, Wan Mohd Zulhafiz Wan Zahari, Reyhan Kamil, Nurzhan Kakimov
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Life After Sixty: Subsequent License Renewals And Criticisms Of N.R.C. Licensing,
2023
University of Oklahoma College of Law
Life After Sixty: Subsequent License Renewals And Criticisms Of N.R.C. Licensing, Cameron Tarry Hughes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Navigating Accountability In Swamped Fields: Why Texas Needs Uniform Regulation For Well Collision Liability,
2023
University of Oklahoma College of Law
Navigating Accountability In Swamped Fields: Why Texas Needs Uniform Regulation For Well Collision Liability, Iliana Martinez
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2023
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Hank Herren
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ysleta Del Sur Pueblo V. Texas,
2023
University of Montana
Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.
Environmental Defense Center V. Bureau Of Ocean Energy Management,
2023
University of Montana
Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.
