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- Publication Year
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- Publications (15)
- Faculty Scholarship (14)
- Articles (8)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (7)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (6)
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- Scholarly Works (5)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (4)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Columbia Center on Sustainable Investment Staff Publications (3)
- Faculty Publications (3)
- Sabin Center for Climate Change Law (3)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (3)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (3)
- Air Quality Protection in the West (November 27-28) (2)
- Articles, Book Chapters, & Popular Press (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Journal Articles (2)
- Other Publications (2)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (2)
- All Maxine Goodman Levin School of Urban Affairs Publications (1)
- Articles by Maurer Faculty (1)
- California Assembly (1)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (1)
- Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14) (1)
- Dissertations & Theses (1)
- Faculty Articles and Other Publications (1)
- Faculty Law Review Articles (1)
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Articles 1 - 30 of 118
Full-Text Articles in Law
Climate Choice Architecture, Felix Mormann
Climate Choice Architecture, Felix Mormann
Faculty Scholarship
Personal choices drive global warming nearly as much as institutional decisions. Yet, policymakers overwhelmingly target large-scale industrial facilities for reductions in carbon emissions, with individual and household emissions a mere afterthought. Recent advances in behavioral economics, cognitive psychology, and related fields have produced a veritable behavior change revolution. Subtle changes to the choice environment, or nudges, have improved stake-holder decision-making in a wide range of contexts, from healthier food choices to better retirement planning. But the vast potential of choice architecture remains largely untapped for purposes of climate policy and action. This Article explores that untapped potential and makes the …
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
Faculty Scholarship
Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.
In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Scholarly Works
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill
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 …
Water Law And Climate Change In The United States: A Review Of The Scholarship, Robin Kundis Craig
Water Law And Climate Change In The United States: A Review Of The Scholarship, Robin Kundis Craig
Utah Law Faculty Scholarship
Climate change’s effects on water resources have been some of the first realities of ecological change in the Anthropocene, forcing climate change adaptation efforts even as the international community seeks to mitigate climate change. Water law has thus become one vehicle of climate change adaptation. Research into the intersections between climate change and water law in the United States must contend with the facts that: (1) climate change affects different parts of this large country differently; and (2) United States water law is itself a complicated subject, with each state having its own laws for surface water and groundwater and …
지구온난화에 따른 국제해사기구 Polar Code 발효와 향후의 과제 [Translation: The Effectuation Of The Imo’S Polar Code And Its Remaining Issues To Tackle In The Age Of The Global Warming], Jinho Yoo
Articles, Book Chapters, & Popular Press
No abstract provided.
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter
Articles in Law Reviews & Other Academic Journals
The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.
Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival
Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival
Faculty Scholarship
No abstract provided.
Defending Our Coasts: Ensuring Military Readiness & Economic Viability As Waters Rise, Deborah Kornblut, Angela King, Virginia Coastal Policy Center
Defending Our Coasts: Ensuring Military Readiness & Economic Viability As Waters Rise, Deborah Kornblut, Angela King, Virginia Coastal Policy Center
Virginia Coastal Policy Center
No abstract provided.
A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao
A Comparative Study On Carbon Emission Reduction Systems, Mingde Cao
Dissertations & Theses
The overwhelming majority of scientists have concluded that global warming is unequivocal. The Intergovernmental Panel on Climate Change (IPCC) fifth report in 2013 concluded that the challenge of climate disruption to human beings is even more imperative than the previous report claimed, and that anthropogenic greenhouse gases (GHGs) emissions have extremely likely been the dominant causes of the observed global warming since the mid-20th century.
Anthropogenic GHGs emissions have many implications, including more intensive, extreme meteorological events, spreading of diseases, and threatening human health and life. Climate change also causes injustice in human society because of the dislocation of the …
Voter Psychology And The Carbon Tax, Gary M. Lucas Jr
Voter Psychology And The Carbon Tax, Gary M. Lucas Jr
Faculty Scholarship
Economists across the political spectrum argue that a carbon tax is the most effective and economically efficient policy for addressing climate change. Voters, however, strongly oppose the carbon tax and instead favor “green” subsidies and command-and-control regulations. If carefully designed, these policies might complement a carbon tax, but by themselves, they will make global warming mitigation incredibly expensive and perhaps even infeasible. Moreover, if poorly designed, subsidies and regulations can be counterproductive.
This Article argues that the public dislikes the carbon tax because the tax possesses attributes that make it psychologically unappealing relative to other climate policy instruments. The Article …
Wrongful Benefit & Arctic Drilling, Nicolas Cornell, Sarah E. Light
Wrongful Benefit & Arctic Drilling, Nicolas Cornell, Sarah E. Light
Articles
The law contains a diverse range of doctrines — “slayer rules” that prevent murderers from inheriting, restrictions on trade in “conflict diamonds,” the Fourth Amendment’s exclusion of evidence obtained through unconstitutional search, and many more — that seem to instantiate a general principle that it can be wrong to profit from past harms or misconduct. This Article explores the contours of this general normative principle, which we call the wrongful benefit principle. As we illustrate, the wrongful benefit principle places constraints both on whether anyone should be permitted to exploit ethically tainted goods, and who may be permitted to profit …
Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr
Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr
Faculty Scholarship
In response to the historic Paris Agreement on climate change and to the Environmental Protection Agency’s recently finalized Clean Power Plan, economists and other climate policy experts have renewed the call for the United States to adopt a carbon tax. Opposition among the public presents a major obstacle. While a majority of the public supports government action on climate change, most people favor the use of “green” subsidies and command-and-control regulations—a fact that frustrates economists of all political stripes who contend that a carbon tax would be much cheaper and more effective. This Article argues that a cognitive bias known …
Symposium: Environmental Accountability In An Age Of Consequences: Foreword, Julie E. Steiner
Symposium: Environmental Accountability In An Age Of Consequences: Foreword, Julie E. Steiner
Faculty Scholarship
The five articles in this Symposium issue each take a different approach to addressing environmental accountability. There is unequivocal evidence that the climate system is warming, caused mainly by the measurable increase in anthropogenic greenhouse gas emissions. The Symposium authors include Denis Binder, Susan Stark, Julie E. Steiner, Chris Erchull, Laura Fisher, and Daniel DePasquale. These Authors challenge all to think broadly about utilization of different accountability mechanisms to ensure more efficient environmental outcomes.
Climate Change And Sustainable Development In Brazilian Law, Gabriel Wedy
Climate Change And Sustainable Development In Brazilian Law, Gabriel Wedy
Sabin Center for Climate Change Law
This article aims to explain briefly how the National Policy for Climate Change (NPCC) in Brazil - established by Act 12.107/2009 – is structured. This Act will be critically analyzed according to what is being currently discussed on Climate Change Law, both globally and within the United States.
It will also seek to demonstrate the importance of the constitutional principle of sustainable development provided for in the Brazilian Federal Constitution in order to correct omissions and imperfections of the National Policy for Climate Change, whenever it is subject to interpretation and implementation by the Judiciary branch, the Executive branch and …
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.
Slides: Never Let A Crisis Go To Waste, Lester Snow
Slides: Never Let A Crisis Go To Waste, Lester Snow
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lester Snow, Executive Director, California Water Foundation
39 slides
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University
32 slides
Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot
Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Dr. Perry Cabot, Research Scientist and Extension Specialist, Colorado Water Institute, Colorado State University
35 slides
Wrong Direction On Climate, Trade And Development, Lisa E. Sachs, Lise Johnson
Wrong Direction On Climate, Trade And Development, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In pushing for Trade Promotion Authority, the Obama administration argues that the agreements it is negotiating (including TPP and TTIP) are true 21st century agreements that correct the failings of past agreements and will promote trade and investment that can both re-launch America as the key economic player and promote broad-based sustainable development at home and abroad.
Sustainable Development And The Brazilian Judge, Gabriel Wedy
Sustainable Development And The Brazilian Judge, Gabriel Wedy
Sabin Center for Climate Change Law
This article explores how Brazilian judges have used their authority to promote the environmental, social, economic, and, in particular, governance aspects of sustainable development. Through their decisions, judges have guaranteed Brazilian citizens important rights, which are stated in the progressive Constitution of 1988, drawn up after 20 years of military dictatorship. The citizen’s rights to medical treatment, medicine, surgery, housing and access to education are frequently guaranteed by judicial decisions.
Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman
Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Garry Kaufman, Deputy Director, Colorado Air Pollution Control Division
25 slides
The California Offset Game: Who Wins And Who Loses?, Alan Ramo
The California Offset Game: Who Wins And Who Loses?, Alan Ramo
Publications
California is implementing the most comprehensive global warming regulatory program in the United States. A key part of this program is its cap-and-trade system. Integral to the cap-and-trade requirements are provisions for offsets, whereby companies, to meet their caps, can purchase credits from certain unregulated entities whose activities are deemed to have resulted in real and additional emission reductions. California has attempted to avoid the Kyoto Protocol's project-by-project lengthy and problematic review of offsets with a performance standard approach for domestic offsets and a sector approach for international offsets. Offsets, even if done right. raise serious environmental justice questions as …
Climate Change Triage, Noah M. Sachs
Climate Change Triage, Noah M. Sachs
Law Faculty Publications
Climate change is the first global triage crisis. It is caused by the overuse of a severely limited natural resource—the atmosphere’s capacity to absorb greenhouse gases—and millions of lives depend on how international law allocates this resource among nations.
This Article is the first to explore solutions for climate change mitigation through the lens of triage ethics, drawing on law, philosophy, moral theory, and economics. The literature on triage ethics—developed in contexts such as battlefield trauma, organ donation, emergency medicine, and distribution of food and shelter—has direct implications for climate change policy and law, yet it has been overlooked by …
Fundamental Principles Of Law For The Anthropocene?, Nicholas A. Robinson
Fundamental Principles Of Law For The Anthropocene?, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A wide array of questions arises from global change to confront environmental law. The IPCC has examined social decisions affecting the climate in the design of human settlements, transport systems, industrialisation, agriculture and silviculture, waste management, provisions for energy, and virtually all other socio-economic dimensions of human life. The AR-5, too, cannot avoid raising issues of human ethics and values at local and regional scales. Such issues reach environmental policy and law directly. The IPCC’s AR-5 report furthers widespread public debate about the human dimensions of climate change, and how social theory relates to environmental change. Already, climate change has …
Food Insecurity Impacts On The U.S. Poor As The World Warms, Helen Kang
Food Insecurity Impacts On The U.S. Poor As The World Warms, Helen Kang
Publications
Studies exploring the vulnerability of human populations to climate change-induced food insecurity have understandably focused on developing nations, where 98 percent of the world’s hungry are. The threat to food security in those regions is indeed a critical issue as climate change affects every aspect of food security: food availability or amount of food production; food access, which refers to the ability of a person or community to acquire an adequate supply of available food; utilization or the ability to attain necessary nutrition from the acquired food; and stability, which refers to the ability to consistently access food in adequate …