Digital Commons Network^™

Clean Energy Equity, Felix Mormann

Faculty Scholarship

Solar, wind, and other clean, renewable sources of energy promise to mitigate climate change, enhance energy security, and foster economic growth. But many of the policies in place to promote clean energy today are marred by an uneven distribution of economic opportunities and associated financial burdens. Tax incentives for renewables cost American taxpayers billions of dollars every year, yet the tax code effectively precludes all but the largest banks and most profitable corporations from reaping the benefits of these tax breaks. Other policies, such as renewable portfolio standards that set minimum quota to create demand for renewable electricity require such …

Fostering University Collaboration And Building Capacity To Respond To Coastal Resilience Challenges In Virginia: Findings From The Rotating Resilience Roundtables Workshop Spring 2019, Wie Yusuf, Michelle Covi, Anamaria Bukvic, Tom Allen, Taiwo Oguntuyo

Presentations, Lectures, Posters, Reports

[from Background and Overview]

Communities in coastal Virginia, particularly in the urban region of Hampton Roads and the rural Eastern Shore peninsula, are experiencing the impacts of climate change as part of everyday life. Among the most apparent impacts are sea level rise and associated flooding, but increasingly residents of the region are observing changing ecosystems, health impacts and complex social challenges are made more difficult. The region is experiencing the fastest rate of relative sea level rise on the U.S. east coast due to interactions between ocean currents, global sea level rise, high-water tables and ground subsidence (Adapt Virginia …

Promoting Pro-Environmental Behavior Through Engaging Cultural Diversity In The English As A Second Language Classroom, Pia T. Adler

MA TESOL Collection

Recent scientific environmental data are pushing people throughout the world to recognize and take action on the dire circumstances that the human race and all other species are currently confronting. This paper explores the factors that can influence and potentially empower people to re-examine their place in the natural world, and to orient their behavior in a pro-environmental direction. The premise of this project is that the topic of the humans’ relationship to nature is relevant and particularly well suited for the culturally diverse audience that is found in the English as a Second Language classroom. By using tools like …

The Social-Ecological Resilience Of An Eastern Urban-Suburban Watershed: The Anacostia River Basin, Craig Anthony (Tony) Arnold, Et Al.

Idaho Law Review

No abstract provided.

Introduction: The Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens, Lance Gunderson, Brian Chaffin

Idaho Law Review

No abstract provided.

Stepping Into The Breach: State Constitutions As A Vehicle For Advancing Rights-Based Climate Litigation, Benjamin T. Sharp

Duke Journal of Constitutional Law & Public Policy Sidebar

The perceived failures of the political branches to mitigate climate change have led climate change activists to seek alternative means to achieve reductions in greenhouse gas emissions; many are turning to litigation. The claims in these cases rely on a variety of legal bases, but this Note will focus on those cases claiming that governments’ failures to prevent climate change amount to violations of the plaintiffs’ constitutional rights under the Due Process Clause of the Fifth Amendment. Rights-based climate change litigation is likely to increase in the future. Among the most prominent of the surviving rights-based cases is Juliana v. …

2016 - California Land Use And Management - A Resource Management Strategy Of The California Water Plan

Miscellaneous Documents and Reports

Land use planning and management cuts across many resource management strategies. More efficient and effective land use is linked to several resource management strategies including watershed, water use efficiency, groundwater quality, flood management, parks and recreation, climate change adaptive management and agricultural lands stewardship. Directly development away from agricultural lands permits multi-objective management of these lands for agricultural preservation, floodplain management, water quality, habitat conservation, and sustainable development. In addition, planning for more compact and sustainable communities, both urban and rural, will assist in reducing reliance on the state-s water supply, and result in more efficient use of California’s water …

Reconnecting With Nature: Developing Urban Spaces In The Age Of Climate Change, Steffen Lehmann

Architecture Faculty Research

Climate change is occurring around us and impacting on our daily lives, meaning that we have to deal with our cities in a different way. There is also increasing awareness of the need for daily contact with green spaces and the natural environment in order to live a happy, productive and meaningful life. This reflective essay tells the narrative of how urbanisation has been disconnecting humans from nature. Non-sustainable, non-resilient patterns of urbanisation, along with the neglect of inner-city areas, have resulted in fragmentation and urban decline, led to a loss of biodiversity, and caused the deterioration of ecosystems and …

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs’ …

Climate-Change Fiction And Poverty Studies: Kingsolver’S Flight Behavior, Diaz’S “Monstro,” And Bacigalupi’S “The Tamarisk Hunter”, Debra J. Rosenthal

2019 Faculty Bibliography

No abstract provided.

Transcript—Kitchen Tables, Board Rooms, And Other Potentially Disruptive Locales: The Role Of Consumer Action In Carbon Emission Reduction, Elizabeth A. Stanton

Western New England Law Review

During the Western New England Law Review’s October 2019 symposium on Anthropocenic Disruption, Community Resilience and Law, Elizabeth A. Stanton, the Director and Senior Economist at the Applied Economic Clinic, gave a presentation that analyzed the overall impact that consumers and businesses have, in their everyday decisions, with respect to climate change and Anthropocenic disruption. In her presentation, she intentionally explores and parses through several questions geared towards underlying the key distinctions between individual consumer choices, known as kitchen table choices, and decisions made by businesses, or board room decisions. Additionally, she pursues a conversation on the …

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 …

Reversing Course On Environmental Justice Under The Trump Administration, Uma Outka, Elizabeth Kronk Warner

Utah Law Faculty Scholarship

This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent inequality in exposure to environmental harms, tracking racial and income lines. As a result of decades of advocacy, environmental justice has become an established, if not realized, principle in environmental law. Shifting positions under the Trump Administration now undermine this progress. To illustrate, this Article uses three exemplary contexts — agency transition, environmental law implementation, and international relations on climate …

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 …

Just Transitions, Ann M. Eisenberg

Faculty Publications

The transition to a low-carbon society will have winners and losers as the costs and benefits of decarbonization fall unevenly on different communities. This potential collateral damage has prompted calls for a “just transition” to a green economy. While the term, “just transition,” is increasingly prevalent in the public discourse, it remains under-discussed and poorly defined in legal literature, preventing it from helping catalyze fair decarbonization. This Article seeks to define the term, test its validity, and articulate its relationship with law so the idea can meet its potential.

The Article is the first to disambiguate and assess two main …

Strictly Leakage: How Minnesota Export Subsidies Pay For Climate Pollution, Hudson B. Kingston

Mitchell Hamline Law Review

No abstract provided.

Using The Wto To Facilitate The Paris Agreement: A Tripartite Approach, Antonia Eliason

Vanderbilt Journal of Transnational Law

Climate change is the greatest threat humanity has faced, and its challenges can only be addressed through multilateral means. Lacking in accountability and enforcement mechanisms, however, the Paris Agreement requires additional support to achieve its full effect. Although not perfectly aligned with the goals of the Paris Agreement, the WTO's multilateral framework could provide the necessary flexibilities to work toward meeting the Paris Agreement's targets. This Article proposes a novel three-pronged approach for refocusing the multilateral trading system and facilitating the Paris Agreement.

First, the preamble to the Agreement Establishing the World Trade Organization explicitly recognizes sustainable development as a …

Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff

Publications

Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law’s role in constructing environmental and economic vulnerability. The Essay then proposes that solutions, if there are any to be had, lie in expanding our notions of what kinds of laws are relevant to achieving environmental justice, and in seeing law as a possible tactic for instigating broader social change but not …

A Child Shall Lead Them: Exploring Discourses Of Efficacy And Climate Change As They Appear In Children's Animated Film, Jason Derry

Electronic Theses and Dissertations

Recent climate change discourse has tended to presume scientific knowledge and rational argumentation as the principle factor in convincing peoples and publics toward climate action. However, scholarship across numerous fields reveals myriad other contributing factors in how people think about and respond to this environmental crisis, which leans predominately toward silence and apathy. Alongside this, children are often centered as inheriting a calamity, yet find themselves largely disempowered. From out of this rhetorical milieu I interject by way of a multidisciplinary grounding to examine the predominate framings of efficacy in the context of children, climate change, and environmental discourse. To …

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.

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 …

Environmental Refugees? Rethinking What’S In A Name, Elizabeth Keyes

All Faculty Scholarship

The phrase “environmental refugee” summons a compelling image of someone forced to relocate due to climate change. The phrase has been used effectively to raise awareness of such diverse problems as the rising sea levels that are submerging some Pacific islands, as well as the increased impact of natural disasters like hurricanes and earthquakes which cause a mixture of temporary and permanent migration. As climate change accelerates, and its human costs become ever clearer, it is completely appropriate and necessary to respond to these migrations, and a number of international initiatives are underway to do so.

As these initiatives go …

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …

The Influence Of Political Ideology And Socioeconomic Vulnerability On Perceived Health Risks Of Heat Waves In The Context Of Climate Change, Matthew J. Cutler, Jennifer R. Marlon, Peter D. Howe, Anthony Leiserowitz

Environment and Society Faculty Publications

Vulnerability and resilience to extreme weather hazards are a function of diverse physical, social, and psychological factors. Previous research has focused on individual factors that influence public perceptions of hazards, such as politics, ideology, and cultural worldviews, as well as on socioeconomic and demographic factors that affect geographically based vulnerability, environmental justice, and community resilience. Few studies have investigated individual socioeconomic and racial/ethnic differences in public risk perceptions of the health hazards associated with extreme heat events, which are now increasing due to climate change. This study uses multilevel statistical modeling to investigate individual- and geographic-level (e.g., census tract level …

The Threats Of Sea Level Rise: An Eco-Geopolitical Visual Analysis, Jorge L. Nowell-Enriquez

Dissertations, Theses, and Capstone Projects

This eco-geopolitical research produces information about the sea level rising, and the analyst explains and projects global effects, and further problems and consequences of the phenomena in a five-minute-long video clip.

The focus is coastlines floods as a consequence of the sea level rising produced by glaciers melting. The floods will affect regions where over a billion persons are living, mainly coastal cities. Therefore, the sea level rising will produce or ease gradual destruction and sudden catastrophes. Moreover, these catastrophes will spur mass migration that might change the lives of a billion persons by 2045.

Governance For A Changing Climate: Adapting Boston’S Built Environment For Increased Flooding, Stephanie Kruel, Rebecca Herst, David Cash

School for the Environment General Publications

Climate Change is impacting everything in our society and in our world. The changes we are already experiencing are starting to multiply and accelerate. Determining how to respond to this new reality wisely within the governance and governmental structures that we have built is a complex challenge. Some might argue it is humankind’s greatest test. Given the monumental size of this task, it is difficult to simultaneously address all of the related issues both broadly and deeply. This is the third and final in a series of reports from the Sustainable Solutions Lab that were sponsored by the Boston Green …

Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig

University of Arkansas at Little Rock Law Review

No abstract provided.

Can Clean Energy Policy Promote Environmental, Economic, And Social Sustainability?, Felix Mormann

Faculty Scholarship

Two and a half decades of clean energy policymaking focused primarily on environmental and economic sustainability have yielded considerable environmental and economic benefits. Along the way, however, other policy considerations, such as the social sustainability of the transition to a cleaner, renewably fueled energy economy, have gone largely overlooked. As clean energy technologies continue to gain ever-greater traction in the United States and global energy economies, the social impacts of their enabling policies become more and more salient. Already, ratepayers, taxpayers, and other stakeholders who fear being left behind by the clean energy transition question the “fairness” of today’s renewable …

Science, Advocacy, Policy, Planning: Tools For Advancing Transportation Equity, Garrett S. Mcallister

Graduate Student Portfolios, Professional Papers, and Capstone Projects

The theme of this portfolio is how different tools and approaches can be used for advancing transportation equity. Broadly defined, transportation equity is about fairness in transportation. There are a number of ways this fairness can be assessed. The most common way to assess transportation equity is by looking at the fairness of outcomes, distributed geographically, socially, or even by mode of transportation. Equity can also be defined by the fairness of processes. The first half of the portfolio illustrates some of the problems with the current transportation system and how it is unhealthy (Piece 1) and unjust (Piece 2). …