Cancun Climate Negotiations, 2011 SelectedWorks
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
Tribes As Essential Partners In Achieving Sustainable Governance, 2011 SelectedWorks
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.
Water, Climate, And Energy Security, 2011 SelectedWorks
Water, Climate, And Energy Security, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, 2011 SelectedWorks
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.
Energy Revolution And Disaster Response In The Face Of Climate Change, 2011 SelectedWorks
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.
Baselines Newsletter, No. 7, Winter/Spring 2011, 2011 University of Colorado Law School
Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, 2011 Washington and Lee University School of Law
Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, Ryan David Dreveskracht
Washington and Lee Law Review
No abstract provided.
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, 2011 McCarthy Tetrault LLP
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak
Richmond Journal of Global Law & Business
No abstract provided.
Residential Renewable Energy: By Whom?, 2011 University of Richmond
Residential Renewable Energy: By Whom?, Joel B. Eisen
Law Faculty Publications
The technology already exists to put solar photovoltaic (PV) panels on millions of homes, but we have paid inadequate attention to getting them there. This current lack of focus on distribution will limit residential solar deployment indefinitely, unless it is addressed soon. While a number of solutions to this problem have been proposed or are in various stages of implementation, this Article finds that given the pressing need to address climate change, more rapid action is needed. In addition to pursuing other options for generating electricity using renewables (including onshore and offshore wind power, and utility-scale solar power stations), and …
A Case For Coordinating Economic Development Planning With Energy Planning, 2011 University of South Carolina
A Case For Coordinating Economic Development Planning With Energy Planning, Leighton Lord, Jeff Ruble
South Carolina Journal of International Law and Business
No abstract provided.
Airspace In A Green Economy, 2011 University of Missouri School of Law
Airspace In A Green Economy, Troy A. Rule
Faculty Publications
The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …
Expanding Regional Renewable Governance, 2011 Florida State University College of Law
Expanding Regional Renewable Governance, Hannah J. Wiseman
Scholarly Publications
Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a potential site for a utility-scale development is identified, a new piece of property, which I call a “renewable parcel,” is superimposed …
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, 2011 Indiana University Maurer School of Law
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
Indiana Journal of Global Legal Studies
As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …
Local Energy, 2011 Florida State University College of Law
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Scholarly Publications
At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. Existing law and the very structure of governmental authority over energy is ill-suited to this …
Introductory Note To The International Centre For Settlement Of Investment Disputes: Aes Summit Generation Ltd. V. Republic Of Hungary, 2011 Duke Law School
Introductory Note To The International Centre For Settlement Of Investment Disputes: Aes Summit Generation Ltd. V. Republic Of Hungary, Charles O. Verrill Jr.
Faculty Scholarship
No abstract provided.
Energy Revolution And Disaster Response In The Face Of Climate Change, 2011 Pace Law School
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, 2011 Pace Law School
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
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 lights and environment fields can advance both and enhance resilience.
The New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", 2011 University of Richmond
The New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen
Law Faculty Publications
The issue of China's support for renewables has taken center stage in the United States, thanks to an investigation by the United States Trade Representative (USTR) that commenced in October 2010. That investigation began with a complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization (WTO). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China. China has come very far in a short amount of time to promote renewables, and many feel the United States is falling …
Energy Revolution And Disaster Response In The Face Of Climate Change, 2011 Villanova University Charles Widger School of Law
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Villanova Environmental Law Journal
No abstract provided.
The Supreme Court Disposes Of A Nuisance Suite: American Electric Power V. Connecticut, 2011 Case Western University School of Law
The Supreme Court Disposes Of A Nuisance Suite: American Electric Power V. Connecticut, Jonathan H. Adler
Faculty Publications
In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. …