Digital Commons Network^™

How Biden’S Environmental Policies Will Affect New York, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As this column has previously discussed, President Joe Biden’s environmental policies are a sharp reversal of those of former President Donald Trump. Today’s column spotlights how this change will affect New York state and New York City.

Disadvantaged Unincorporated Communities And The Struggle For Water Justice In California, Jonathan K. London, Amanda L. Fencl, Sara Watterson, Yasmina Choueiri, Phoebe Seaton, Jennifer Jarin, Mia Dawson, Alfonso Aranda, Aaron King, Peter Nguyen, Camille Pannu, Laurel Firestone, Colin Bailey

Faculty Scholarship

This article maps a meshwork of formal and informal elements of places called Disadvantaged Unincorporated Communities (DUCs) to understand the role of informality in producing unjust access to safe drinking water in California’s San Joaquin Valley. It examines the spatial, racial, and class-based dimensions of informality. The paper aims to both enrich the literature on informality studies and use the concept of informality to expand research on DUCs and water access. We use socio-spatial analyses of the relationships between informality and water justice to reach the following conclusions: DUCs face severe problems in access to safe drinking water; disparities in …

Emerging State-Level Environmental Justice Laws, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Environmental justice (EJ) has grown in prominence in the political discourse in the last several years While most of the attention has gone to federal actions, several states have just adopted their own laws to advance EJ.

The basic idea behind EJ is that disadvantaged communities should not be disproportionately exposed to environmental hazards, that these communities should have a say in the actions that affect their environment, and that the environmental laws should be vigorously enforced there.

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, John C. Dernbach, Scott E. Schang, Robert W. Adler, Karol Boudreaux, John Bouman, Claire Babineaux-Fontenot, Kimberly Brown, Mikhail Chester, Michael B. Gerrard, Stephen Herzenberg, Samuel Markolf, Corey Malone-Smolla, Jane Nelson, Uma Outka, Tony Pipa, Alexandra Phelan, Leroy Paddock, Jonathan D. Rosenbloom, William Snape, Anastasia Telesetsky, Gerald Torres, Elizabeth Ann Kronk Warner, Audra Wilson

Faculty Scholarship

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Modern Provisions In Investment Treaties, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Governments are pursuing substantive and procedural reform of the international investment regime in recognition that there are fundamental, systemic, and interrelated concerns about current approaches to investment governance, and that current approaches have failed to meet their purported objectives.

A vast majority of the 1,023 publicly-known treaty-based claims have been brought under “old-generation” treaties. In 2018, for example, 60% of such claims were brought under treaties originally concluded in the 1990s or earlier, and all but one was filed under a pre-2011 treaty. These old-generation treaties include vague and far-reaching obligations for states, generally do not include any reference to …

Submission To The Us State Department Commission On The Unalienable Rights, Catherine Coleman Flowers, Joann Kamuf Ward

Human Rights Institute

This submission emphasizes the centrality of economic and social rights to human rights and highlights how advocating for a hierarchy of rights that downplays their equal status is contrary to widely-recognized international norms, ignores the lived experience of individuals, and will serve to further entrench inequality. The submission urges the Commission to recognize and reaffirm the full panoply of human rights found in the Universal Declaration of Human Rights (UDHR) and subsequent human rights agreements. The discussion highlights the negative implications of a narrowed conceptualization of human rights, emphasizing that a circumscribed vision of human rights will perpetuate a system …

Sabin Center Diversity, Equity, Inclusion And Anti-Racism Plan, Sabin Center For Climate Change Law

Sabin Center for Climate Change Law

The climate crisis is a crisis of unprecedented scope and scale. It arises from everywhere, and impacts everyone. But some – some countries, some companies, some communities, some individuals – are more responsible than others; and some are more impacted, and more vulnerable, than others. Climate change has made clear that diversity increases the power of potential solutions and the resilience to adverse impacts – for ecosystems, social systems, economic systems and their various hybrids and combinations. At the Sabin Center for Climate Change Law we believe that by creating and fostering a culture of diversity, equity, inclusion, and anti-racism, …

Climate Recommendations For A New Democratic President And A New Congress: A Compilation, Clara Grieder, Jordan Gerow

Sabin Center for Climate Change Law

Congress has not enacted a major new environmental law since 1990, when President George H.W. Bush signed the Clean Air Act Amendments and the Oil Pollution Act. He also supported, and the Senate ratified, the United Nations Framework Convention on Climate Change in 1992. The administration of President Bill Clinton supported the Kyoto Protocol, which was designed to achieve the objectives of the Framework Convention, but could not secure Senate ratification. President George W. Bush rejected the Kyoto Protocol and many other actions on climate change. President Barack Obama supported action on climate change; when he was unable to secure …

Compilation Of Recommendations To Reduce Greenhouse Gas Emissions In New York State, Kate Marsh, Neely Mckee, Jordan Gerow

Sabin Center for Climate Change Law

The Climate Leadership and Community Protection Act (CLCPA) was passed by both houses of the New York State legislature and signed into law by Governor Andrew Cuomo in June 2019. It took effect on January 1, 2020. It requires total statewide greenhouse gas (GHG) emissions to be 40% below 1990 levels in 2030 and 85% below 1990 levels in 2050, with an aspirational goal of a 100% reduction in 2050. It is one of the strongest climate change laws in the world, and people everywhere are watching its implementation for models of what can be done elsewhere.

The CLCPA establishes …

Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

Growing cries for action to effectively address the climate and other environmental crises hold important implications for the governance of cross-border investments. Policymakers and environmental advocates have often overlooked how provisions granted by states in international investment agreements (IIAs) have been used by investors to challenge government measures taken in the public interest to protect the environment and advance environmental justice.

This 2019 paper, published in the Sciences Po Legal Review issue devoted to the climate crisis, explains how the investor-state dispute settlement (ISDS) mechanism, made available to investors in thousands of bilateral and multilateral trade and investment agreements, may …

Biden Administration Will Reverse Many Trump Environmental Policies, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

When Joseph R. Biden, Jr. is inaugurated as the 46^th 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.

New York’S New Statute On Siting Renewable Energy Facilities, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As part of a massive budget bill signed into law by Gov. Andrew Cuomo on April 3, New York has adopted the Accelerated Renewable Energy Growth and Community Benefit Act (AREGCBA). It completely revamps the process under which large-scale renewable energy facilities and associated transmission lines receive state and local approvals.

New York Environmental Legislation In 2019, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In 2019, with the Democrats newly in full control of the State Senate, the Assembly and the Governor’s office, New York adopted more environmental legislation than it had in more than a decade. This included a sweeping climate change statute, a new environmental justice article in the Environmental Conservation Law, and a statewide ban on plastic carryout bags. This annual survey reports on these developments and numerous other laws targeting environmental concerns.

Climate Reregulation In A Biden Administration, Michael Burger, Daniel J. Metzger, Hillary Aidun, Susan Biniaz

Faculty Scholarship

On January 20, 2017, Inauguration Day, the Sabin Center for Climate Change Law at Columbia Law School launched the Climate Deregulation Tracker, the first of what would become numerous online trackers, news reports, academic analyses, and other resources designed to spotlight the Trump administration’s use and abuse of executive authority to pursue its agenda to cut back on government regulations and to promote the extraction and use of fossil fuels. The Climate Deregulation Tracker has had a relatively narrow purpose: to keep tabs on the Trump administration’s efforts to dismantle the federal government’s climate-related regulations and policies and help inform …

New York Can Lead World In Fighting Climate Change, Michael B. Gerrard

Faculty Scholarship

New York State now has one of the strongest climate change laws in the world, and if we succeed in implementing it, the state will have demonstrated that it is possible to defeat what may be the greatest threat facing humanity.

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah S. Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …

Environmental Injustice: How Treaties Undermine The Right To A Healthy Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

Our planet faces unprecedented threats, including irreversible global warming, loss in biodiversity, and water pollution and water scarcity. The impacts of these environmental crises also threaten human rights and exacerbate inequality. Slowing these worsening environmental trends – and addressing the impacts of environmental change on populations – will require cumulative policy responses at the national and international level.

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …

Standing Rock Plaintiffs File First Amended Complaint, Columbia Center For Contemporary Critical Thought

Columbia Center for Contemporary Critical Thought

New York, February 1, 2019—Today, Cissy Thunderhawk, Wašté Win Young, the Reverend John Floberg, and José Zhagñay filed their First Amended Complaint in response to state and local defendants’ motions to dismiss. The amended complaint clarifies the civil rights violations caused when defendants closed, to the Tribe and its supporters, the primary road connecting the Standing Rock Reservation to both Bismarck and to numerous public sites of great expressive and religious significance. The plaintiffs are represented by Columbia Law School Lecturer in Law Noah Smith-Drelich and Professor Bernard E. Harcourt through the Columbia Center for Contemporary Critical Thought.

Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria

Sabin Center for Climate Change Law

In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes. The U.S. Court of Appeals for the Federal Circuit disagreed, however, noting that the government cannot be liable on a takings theory for inaction, and that the government action was not shown to have been the cause of the flooding. On September 6, 2018, the Environmental Law Institute hosted an expert panel to explore this ruling and its potential implications for future litigation in a …

Breaking The Cycle Of "Flood-Rebuild-Repeat": Local And State Options To Improve Substantial Damage And Improvement Standards In The National Flood Insurance Program, Dena Adler, Joel Scata

Sabin Center for Climate Change Law

Congress established the National Flood Insurance Program (NFIP) in 1968 to reduce flood damages nationwide and ease the Federal government’s financial burden for providing disaster recovery. Today, approximately 22,000 communities in all 50 states and U.S. territories participate in the NFIP. The program has 5.1 million flood insurance policies providing $1.3 trillion in coverage. Due largely to recent flood disasters, the NFIP is over $20.5 billion in debt.

A proportionally small number of properties insured through the program are repeatedly flooded, repaired, and rebuilt. These properties, known as “severe repetitive loss” (SRL) properties, contribute disproportionally to the rising debts of …

New Year, New Name: The Public Rights/Private Conscience Project Is Now The Law, Rights, And Religion Project, Law, Rights, And Religion Project

Center for Gender & Sexuality Law

After nearly five years of fighting for religious equality and civil rights, the Public Rights/Private Conscience Project (PRPCP) is proud to announce our new name.

Building Bridges: Examining Race And Privilege In Community Economic Development: Introductory Overview, Priya Baskaran, Renee Hatcher, Lynnise E. Pantin

Faculty Scholarship

The country has been in economic recovery since the Great Recession in 2007. Home prices have since stabilized after the mortgage and foreclosure crisis that followed the Recession. In late 2017, the federal government passed the Tax Cuts and Jobs Act, leading to a surge in corporate earnings. As of the time of this writing, major stock indicators are at all-time highs, and interest rates are low. But corporate indicators and interest rates do not paint the entire picture. Most of the economic recovery is in affluent, predominately white parts of the country, while distressed areas inhabited by people of …

Zoned Out: How Zoning Law Undermines Family Law’S Functional Turn, Kate Redburn

Faculty Scholarship

A fatal conflict in the legal definition of family lurks at the intersection of family law and zoning law. Family law doctrines have increasingly embraced the claims of “functional families” — those whose bonds can be traced to cohabitation and shared domestic life. At the same time, zoning laws have narrowed to recognize only formal families, effectively restricting residency to individuals related by blood, marriage, or adoption. As a result, family law’s “functional turn” remains vulnerable in at least thirty-one states. Using original legal analysis and historical research, this Note illuminates that contradiction, explains how it arose, and argues that …

Whose Faith Matters? The Fight For Religious Liberty Beyond The Christian Right, Elizabeth Reiner Platt, Katherine M. Franke, Kira Shepherd, Lilia Hadjiivanova

Faculty Scholarship

By offering a sweeping account of religious liberty activism being undertaken by numerous progressive humanitarian and social justice movements, and uncovering how right-wing activists have fought for conservative Christian hegemony rather than “religious liberty” more generally, this report challenges the leading popular narrative of religious freedom.

This Is The Moment Of Truth, Ray León, Roger Lin, Camille Pannu, Irene Vasquez

Faculty Scholarship

While everyone is taking their seats, I wanted to quickly just thank the prior panelists today and bring it full circle, back to Mustafa’s opening keynote, where he asked, “Who is fighting these fights? Who is doing this work in fighting for justice?” He pointed out that many of the people fighting these fights, many of the advocates, are people who look like you and are also the same age as you. That is why we have this panel. What can you, as students, do to get involved in the environmental justice or social justice movements?

My name is Roger …

New Climate Law Will Reshape Ny’S Key Sectors, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Deep changes in the way electricity is generated, people and goods move around, and buildings are erected and renovated in New York will be required by the Climate Leadership and Community Protection Act (CLCPA), which both houses of the state Legislature have passed and Governor Andrew Cuomo has promised to sign.

Three Legal Visions Of A ‘Green New Deal’, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Rep. Alexandria Ocasio-Cortez (D-N.Y.), who has rocketed to such fame that she is now widely known simply as AOC, and Sen. Edward Markey (D-Mass.), co-father of Waxman-Markey, the cap-and- trade bill that narrowly passed the House in 2009 but died in the Senate, have introduced identical resolutions to create a “Green New Deal.” H. Res. 109, S. Res. 59.

Changing The National Flood Insurance Program For A Changing Climate, Dena Adler, Michael Burger, Rob Moore, Joel Scata

Sabin Center for Climate Change Law

Congress established the National Flood Insurance Program (NFIP) in 1968 to reduce flood damages nationwide and ease the federal government’s financial burden for providing disaster recovery.1 To achieve this goal, the program was designed to perform three primary functions. First, the program provides federally backed insurance to property owners and renters. Second, the program established minimum requirements for building, land use, and floodplain management practices that local communities must adopt in order for their residents to be eligible to purchase NFIP insurance coverage. Third, the program is responsible for mapping high floodrisk areas. These maps inform local land use decisions …

Comment In Response To Proposed Rulemaking: Inadmissibility On Public Charge Grounds, Brittany Thomas, Nahal Zamani, Joann Kamuf Ward

Human Rights Institute

The proposed rule on “Inadmissibility on Public Charge Grounds” would cause irreparable harm to communities across the United States, and immigrants and their families, in particular. The proposed change contravenes globally accepted human rights norms, which aim to ensure an adequate standard of living and prohibit discrimination, including specific human rights obligations and commitments of the United States.

As legal organizations devoted to ensuring justice and human rights accountability in the United States, we submit this joint comment in opposition to the proposed rule, which threatens to destabilize communities, and undermine public health and safety by penalizing individuals who seek …