Use Of Force In Crisis: A Comparative Look At The Domestic And International Laws Governing The Use Of U.S. Military Force To Respond To Mass Climate Refugee Migration, Holly Locke
UC Law Environmental Journal
Since the late 20th century, nations increasingly task their militaries with managing and responding to the influx of migration and refugees into sovereign nations. As a result, the U.S. military identified climate change to be a major security concern as the Department of Defense dedicates more resources to responding to this new class of refugee, among other climate related concerns. This paper explores the current scope of mass climate refugee migration and the role the U.S. military plays in responding to that migration. Specifically, this paper will explore the various legal frameworks, or lack thereof, of both domestic and international …
Non-Legislative Rules Need Scrutiny Too: The Curious Case Of The Appropriate Care Standard,
2020
UC Law SF
Non-Legislative Rules Need Scrutiny Too: The Curious Case Of The Appropriate Care Standard, Ryan Mitchell
UC Law Environmental Journal
No abstract provided.
Climate Change, Sustainability, And The Failure Of Modern Property Theory,
2020
Marquette University Law School
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Marquette Law Review
Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of socially oriented property theory as they are represented in the analytical framework of doctrines such …
A Solution To Plastic Pollution? Using International Law To Shape Plastic Regulation In The United States,
2020
UC Law SF
A Solution To Plastic Pollution? Using International Law To Shape Plastic Regulation In The United States, Allyssa Rose
UC Law Environmental Journal
The single-use plastic bag has become a prolific symbol of plastic pollution across the world. These convenient, lightweight bags may clog drainage systems or become a lethal snack for animals when not recycled properly. Due to the social and environmental harms caused by these bags, countries across the world have implemented legislation to tax plastic bags, or in some cases, ban their use all together. This paper seeks to identify the difference in approaches used by the Global North and Global South to determine the best approach for the United States to implement. Zealous advocacy on behalf of the plastics …
Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook
UC Law Environmental Journal
No abstract provided.
Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes,
2020
UC Law SF
Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons
UC Law Environmental Journal
Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it has encouraged agency action to address the issue. However, the success of implementing proposed measures requires funding and congressional approval with questions regarding their efficacy remaining unknown. Due to the lack of a comprehensive overarching federal statute addressing AIS management in its …
Wildlife Is Not Crying Wolf: How Fish & Wildlife Service Can Utilize The Endangered Species Act To Mitigate Hybridization Threats To Listed Species, Kimberly Willis
UC Law Environmental Journal
As humans modify Earth’s landscapes and climate change fundamentally alters ecosystems, separately evolving wildlife populations may once again meet and interbreed with one another. This hybridization process may ultimately drive the less prolific of the two populations into extinction. U.S. Fish & Wildlife Service (“FWS”) has failed to fully utilize the tools within the Endangered Species Act (“ESA”) to adequately address the unique problems of species hybridization. Although FWS has resisted attempts to delist species undergoing hybridization, their recovery plans and critical habitat designations fall short of maximizing the potential for species recovery. This paper first explores the current regulatory …
The Growing Problem Of Space Debris,
2020
UC Law SF
The Growing Problem Of Space Debris, Sophie Kaineg
UC Law Environmental Journal
No abstract provided.
Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises,
2020
UC Law SF
Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises, Chase Stone
UC Law Environmental Journal
No abstract provided.
Harmonizing ‘Converted Wetland’ Under The Clean Water Act And Food Security Act Would Reaffirm Congress’S Intent To Limit Epa And Army Corps 404 Jurisdiction,
2020
Kogan Law Group
Harmonizing ‘Converted Wetland’ Under The Clean Water Act And Food Security Act Would Reaffirm Congress’S Intent To Limit Epa And Army Corps 404 Jurisdiction, Lawrence A. Kogan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns,
2020
Queen Mary University of London
Energy, Electricity And Smart Grids In Latvia And Portugal – Developments And Concerns, Rafael Leal-Arcas, Filipa Santos, Danai Papadea
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807,
2020
University of Colorado Law School
Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807, Alejandro E. Camacho
University of Colorado Law Review
No abstract provided.
Governing Cascade Failures In Complex Social-Ecological-Technological Systems: Framing Context, Strategies, And Challenges,
2020
Vanderbilt University Law School
Governing Cascade Failures In Complex Social-Ecological-Technological Systems: Framing Context, Strategies, And Challenges, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Cascade failures are events in networked systems with interconnected components in which failure of one or a few parts triggers the failure of other parts, which triggers the failure of more parts, and so on. Cascade failures occur in a wide variety of familiar systems, such as electric power distribution grids, transportation systems, financial systems, and ecosystems. Cascade failures have plagued society for centuries. However, modern social-ecological-technological systems (SETS) have become vast, fast moving, and highly interconnected, exposing these systems to cascade failures of potentially global proportions, spreading at breathtaking speed, and imposing catastrophic harms. The increasing potential for cascade …
The Gap-Filling Role Of Private Environmental Governance,
2020
Vanderbilt University Law School
The Gap-Filling Role Of Private Environmental Governance, Jim Rossi, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Private environmental governance provides new tools that can fill gaps in government regulatory regimes. The Tennessee Valley Authority (TVA) is a valuable case study for testing the efficacy of private environmental governance because it is one of the largest utility carbon emitters and is largely insulated from near-term federal and state government pressure to reduce emissions. TVA is not on a trajectory to achieve the decarbonization targets necessary to meet the goals of the Paris Agreement, but private governance initiatives can motivate TVA to accelerate its decarbonization process. TVA's securities filings acknowledge that it faces material threats on the energy …
What Happens When The Green New Deal Meets The Old Green Laws?,
2020
Vanderbilt University Law School
What Happens When The Green New Deal Meets The Old Green Laws?, J. B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The multi-faceted infrastructure goals of the Green New Deal will be impossible to achieve in the desired time frames if the existing federal, state, and local siting and environmental protection statutory regimes are applied. Business, labor, property rights, environmental protection, and social justice interests will use them to grind the Green New Deal to a snail's pace. Using the renewable energy transition as the infrastructure case study, this Essay is a call to arms for the need to design New Green Laws for the Green New Deal. Part I briefly summarizes what we are learning about the pace and magnitude …
Beyond Green Infrastructure--Integrating The Ecosystem Services Framework Into Urban Planning Law And Policy,
2020
Vanderbilt University Law School
Beyond Green Infrastructure--Integrating The Ecosystem Services Framework Into Urban Planning Law And Policy, J. B. Ruhl
Vanderbilt Law School Faculty Publications
Despite the heavy emphasis in legal scholarship on federal and state governance of environmental policy, cities have had their champions as well. Legal scholars who stand out as having defined a position for local governance in the environmental domain include John Nolan, Jamison Colburn, Keith Hirokawa, Tony Arnold, and, on any such list, Julian Juergensmeyer. Indeed, in the United States and many other nations, cities have been leaders in many of the looming issues of environmental policy, including those with global dimensions, like climate change mitigation, and surely those with local focus, like climate change adaptation. In the United States, …
Feeling The Heat: The Endangered Species Act And Climate Change,
2020
Georgia State University College of Law
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Georgia State University Law Review
The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will propose a …
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource,
2020
University of Montana
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Graduate Student Theses, Dissertations, & Professional Papers
Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …
The Role Of Lawyers In Decarbonizing Society,
2020
Columbia Law School
The Role Of Lawyers In Decarbonizing Society, Michael B. Gerrard
Faculty Scholarship
This Essay concerns one current project to turn GHG reduction goals into actual laws that could achieve these goals. The project has four phases: (1) formulating the engineers’ recommendations; (2) identifying the existing laws that would help implement those recommendations, and the new laws that need to be written; (3) drafting the laws; and (4) attempting to persuade lawmakers at the federal, state, and local levels to adopt them. This Essay discusses each phase in turn. As will be shown, we are well into the third phase and starting the fourth, and are in need of volunteer lawyers to help …
Biden Administration Will Reverse Many Trump Environmental Policies,
2020
Columbia Law School
Biden Administration Will Reverse Many Trump Environmental Policies, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
When Joseph R. Biden, Jr. is inaugurated as the 46th President of the United States on January 20, he will reverse many of the environmental actions taken by President Donald Trump. Some of this he can and probably will do immediately, possibly on Inauguration Day; other actions will have to go through administrative processes that will take several months, at least. The Trump Administration neither secured nor repealed almost any environmental legislation even while Republicans controlled both the House and the Senate, and little it did in this area is irrevocable.
