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Articles 1 - 26 of 26
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The Scale Of Networks?: Local Climate Change Coalitions, Hari M. Osofsky, Janet Koven Levit
The Scale Of Networks?: Local Climate Change Coalitions, Hari M. Osofsky, Janet Koven Levit
Hari Osofsky
Spring 2007 was a heady time for climate advocates. The fourth report of the Intergovernmental Panel on Climate Change expressed an overwhelming scientific consensus that anthropogenic climate change is a serious problem. The US Supreme Court not only addressed climate change for the first time, but also found that the US Environmental Protection Agency ("EPA") had abused its discretion in denying a petition asking it to regulate motor vehicle emissions . The UN Security Council also took an initial look at climate change, with a ranging debate over its security implications. Amid that furor, it is perhaps unsurprising that another …
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
Hari Osofsky
Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air moves around over …
The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky
The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky
Hari Osofsky
No abstract provided.
The Geography Of Climate Change Litigation Part Ii: Narratives Of Massachusetts V Epa, Hari M. Osofsky
The Geography Of Climate Change Litigation Part Ii: Narratives Of Massachusetts V Epa, Hari M. Osofsky
Hari Osofsky
As debates over the appropriate role of climate change litigation in regulatory governance become more intertwined with the ongoing fight over the future of international law, a systematic examination of how it fits into that discourse is critical. This Article attempts to begin that conversation by examining the ways in which geographic assumptions about nation-states influence narratives about how this type of litigation fits into an understanding of international law. Using Massachusetts v EPA as an example, it argues that interrogating those assumptions and their implications allows for clarification of the significance of climate change litigation crucial to making progress …
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
Hari Osofsky
This essay considers how we might fit local efforts to address climate change, especially those by very small, suburban cities, within models for solving "global problems." While acknowledging the need for more action on climate change at international, national, and state levels, and regional ones in between, this essay explores how different types of cities, as they participate in multilevel networks, can provide models for action and complement efforts to address climate change through the treaty regime. Using a diverse group of suburbs in the Twin Cities metropolitan region making innovative climate change and sustainability efforts as a case example, …
Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky
Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky
Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky
Hari Osofsky
This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities of defining a local scale in an interconnected world. In so doing, it aims to contribute to the Symposium's broader dialogue about "Territory Without Boundaries" and the Panel's more specific discussion of "Urban Territory in a Global World." As a purely territorial matter, U.S. cities and counties differ substantially in their sizes, the quantity and physical characteristics of their land, the size and density of their populations, and the needs of their citizens. Structurally, these localities remain administrative subunits of states, but they also …
Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky
Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Regional Energy Governance And U.S. Carbon Emissions, Hannah J. Wiseman, Hari M. Osofsky
Regional Energy Governance And U.S. Carbon Emissions, Hannah J. Wiseman, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Introduction: Envisioning Legal And Policy Pathways For Energy Innovation, Hari M. Osofsky
Introduction: Envisioning Legal And Policy Pathways For Energy Innovation, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky
Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky
Hari Osofsky
This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions-vertical, horizontal, direction of hierarchy, cooperativeness, and public- private-to demonstrate the multilevel, multiactor interactions taking place in offshore drilling and oil spill regulation. It then explains the ways in which the complex interactions in these dimensions translate into four core governance challenges: scientific and legal uncertainty, simultaneous overlap and fragmentation, the difficulties of balancing efficiency and inclusion, and inequality and resulting injustice. The Article …
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Hari Osofsky
The administrative state struggles to address massive, complex problems such as ameliorating the financial crisis, preventing terrorism, or responding to climate change. These problems cut across levels of government — local, state, national, international — and substantive areas of law. Yet our governance structures, for the most part, are not designed to deal well with issues that involve multiple types of governance authority and institutions. A burgeoning literature by leading U.S. scholars describes this problem and proposes solutions. These analyses often include some case law, but their primary focus has been on the legislative and executive branches in the United …
Rethinking The Geography Of Local Climate Action: Multi-Level Network Participation In Metropolitan Regions, Hari M. Osofsky
Rethinking The Geography Of Local Climate Action: Multi-Level Network Participation In Metropolitan Regions, Hari M. Osofsky
Hari Osofsky
As the United States and the world become increasingly urbanized, cities are a key site for addressing the problem of climate change. However, urban climate change action is not simply about local officials making decisions within their cities. In major U.S. urban areas, “local” involves multiple layers of government, including county and metro-regional entities. Moreover, many of the cities taking action on climate change also participate in and shape networks of local governments based at state, regional, national, and international levels. This Article argues that multilevel climate change networks could be more effective by embracing this geography of local action …
Diagonal Federalism And Climate Change: Implications For The Obama Administration, Hari M. Osofsky
Diagonal Federalism And Climate Change: Implications For The Obama Administration, Hari M. Osofsky
Hari Osofsky
The Obama Administration’s efforts on climate change continue to face daunting challenges domestically and internationally. This Article makes a novel contribution by exploring how the Obama Administration can meet these challenges more effectively though systematically addressing the multiscalar character of climate change in the areas where it has greater regulatory control. Mitigating and adapting to climate change pose complex choices at individual, community, local, state, national, and international levels. The Article argues that these choices lead to many diagonal regulatory interactions: that is, dynamics among a wide range of public and private actors which simultaneously cut across levels of government …
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Hari Osofsky
This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Hari Osofsky
No abstract provided.
Energy Partisanship, Hari M. Osofsky, Jacqueline Peel
Energy Partisanship, Hari M. Osofsky, Jacqueline Peel
Hari Osofsky
Whether the topic is the Paris Agreement on climate change, greenhouse gas emissions from power plants, the Keystone XL pipeline, hydraulic fracturing, offshore drilling, or renewable energy, much of the U.S. policy dialogue about energy and climate change is deeply partisan. Republicans and Democrats debate individual issues in vitriolic sound bites that indicate minimal common ground. For example, officials favoring robust action on climate change are charged with engaging in a “War on Coal.” Those opposed are labeled “members of the Flat Earth Society.” Set against these dysfunctional climate and energy politics, how can progress be made? For people who …
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Hari Osofsky
During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it was one …
Hybrid Energy Governance, Hari M. Osofsky, Hannah J. Wiseman
Hybrid Energy Governance, Hari M. Osofsky, Hannah J. Wiseman
Hari Osofsky
This Article develops a novel theory of energy governance and uses it to assess how institutional innovation can help meet critical challenges. Energy law is substantively complex and deeply fragmented. Each energy sector - including fuel extraction and pipelines, electricity generation and transmission, and transportation - has its own legal regime and federalism approach; confusion often exists at moments of crisis about how much authority federal, state, and local regulators have in these areas. The complexity and fragmentation of energy law are particularly problematic because the energy system faces major transitions due to emerging technology, more unpredictable and extreme weather …
A Law And Geography Perspective On The New Haven School, Hari M. Osofsky
A Law And Geography Perspective On The New Haven School, Hari M. Osofsky
Hari Osofsky
In his reflections on the twenty-fifth anniversary of the founding of the Yale Journal of International Law, Michael Reisman described the journal's origins. In 1974, a group of dedicated graduate and J.D. students, who self-identified as members of the New Haven School, began the process of establishing the journal in the face of resistance from the law school administration. After work "[i]n secrecy, in the bowels of the international law library, usually working at night in a setting that must have seemed increasingly like an underground bunker," the students published their first issue and then continued without support from the …
Climate Change Legislation In Context, Hari M. Osofsky
Climate Change Legislation In Context, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Defining Sustainable Development After Earth Summit 2002, Hari M. Osofsky
Defining Sustainable Development After Earth Summit 2002, Hari M. Osofsky
Hari Osofsky
No abstract provided.
Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, Sara L. Fechtelkotter
Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, Sara L. Fechtelkotter
Hari Osofsky
The Arctic – with almost a third of the world’s remaining natural gas and thirteen percent of its oil – is one of the globe’s last frontiers for competition over unexplored natural resources. The rapid pace of Arctic melting due to climate change has created opportunities to extract the region’s previously inaccessible offshore oil and gas. The 2015 controversy over the Obama Administration’s approval of Shell Oil’s drilling in the Chukchi Sea followed by the company’s decision to pull out highlighted the need for clear and effective regulation of Arctic drilling. Offshore oil spills are difficult to prevent and clean …
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky
Hari Osofsky
This dilemma of environment-energy decisions that have major positives and negatives from either a health or ecosystem perspective poses an important ethical challenge that this Essay explores. Namely, in many cases, one can value humans, species, and ecosystems, and still not be able to resolve the best way forward. The Essay focuses in particular on a core problem at the environment-energy interface: people demand cheap and reliable energy, which pushes us towards new technology or the massive expansion of existing technology, both of which carry risks and possibilities for a cleaner future. The Essay considers this dilemma in the U.S. …
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky
Hari Osofsky
No abstract provided.