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Articles 31 - 60 of 1005
Full-Text Articles in Law
New York's Green Amendment: The First Decisions, Michael B. Gerrard, Edward Mctiernan
New York's Green Amendment: The First Decisions, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
On Nov. 2, 2021, the voters of New York by a margin of more than 2-1 approved an environmental rights amendment to the Bill of Rights in the New York State Constitution. Article I Section 19 reads in its entirety: “Environmental Rights. Each person shall have a right to clean air and water, and a healthful environment.” In the little more than a year since then, one of the great questions in New York environmental law has been — what does this mean? It looks significant, but just how much? That is left to the courts to decide. We now …
The Law And Economics Of Freshwater, Bruce R. Huber
The Law And Economics Of Freshwater, Bruce R. Huber
Book Chapters
The chapter is a tribute to Klaus Mathis for his invaluable contributions at the intersection of law and economics.
Law and Economics in all seinen Facetten Festschrift zu Ehren von Klaus Mathis trans: Law and Economics in All His Facets: Festschrift in Honor of Klaus Mathis
Series: Schriften zur Rechtstheorie, vol. 309
Using State Law Before The Glaciers Thaw: Climate Torts After Bp V. Baltimore, Jillian Mayer
Using State Law Before The Glaciers Thaw: Climate Torts After Bp V. Baltimore, Jillian Mayer
American University Journal of Gender, Social Policy & the Law
We are living in the beginning stages of Earth’s sixth mass extinction. Since the Industrial Revolution of the nineteenth century, the burning of fossil fuels has released huge quantities of carbon dioxide and other greenhouse gasses (“GHGs”) into the atmosphere. The increased concentration of GHGs causes the atmosphere to retain more heat. Consequently, ecosystems and weather patterns shift and change faster than most plants, animals, and human societies can adapt. Climate change threatens global peace, crashes economies, and creates humanitarian crises.
Environmental Evidence, Seema Kakade
Environmental Evidence, Seema Kakade
University of Colorado Law Review
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …
24/7 Clean Energy, Todd Aagaard
24/7 Clean Energy, Todd Aagaard
University of Colorado Law Review
In the face of the rapidly escalating climate crisis, the electricity sector is moving toward renewable energy. To date, policies and strategies have focused on increasing overall renewable energy generation, with little regard for timing and location. The result has been a misalignment of supply and demand in renewable energy markets. Renewable power projects produce energy when and where it is least expensive, leaving supply scarce at other times and places. Consumers, meanwhile, continue to use power when and where they need it. This mismatch increases the electricity grid’s dependence on fossil fuel–fired electricity to meet electricity demand at times …
The Dark Sun Network, Frédéric Gilles Sourgens
The Dark Sun Network, Frédéric Gilles Sourgens
University of Colorado Law Review
Climate scientists agree that climate change will soon require the deployment of a highly dangerous geoengineering approach known as “solar radiation management.” Solar radiation management uses chemical or physical barriers to solar energy entering the atmosphere and thereby forces global temperatures downwards almost immediately by creating “artificial shade.” Problematically, the unilateral deployment of domestic solar radiation management approaches can have different and potentially devastating effects around the world, even if they help the country deploying the approach to limit the worst climate change consequences at home. So far, there is no global governance framework that can guide the development and …
Climate Change And Modern State Common Law Nuisance And Trespass Tort Claims, Jack Wold-Mcgimsey
Climate Change And Modern State Common Law Nuisance And Trespass Tort Claims, Jack Wold-Mcgimsey
University of Colorado Law Review
This Comment examines the use of state common law tort claims to address climate change. The aim of this work is not to provide an in-depth examination of these issues, but rather to provide a contextualized and comprehensive overview of some of the most important issues in this field using modern cases actively being litigated. This Comment comes to the conclusion that the future of common law nuisance and trespass claims in the context of climate change is, for now, unclear. Given the national and global implications of climate change, courts may find that isolated states cannot set binding precedents …
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
FIU Law Review
The environmental legal framework in Cuba is based on constitutional article 75 and Law 81, of July 11, 1997, on the environment, a framework law on the matter, with a series of complementary provisions with the rank of Decree Law or Ministerial Resolution. The adoption of the new constitutional text in 2019 is followed by the updating of all environmental legislation that requires a new framework law, which fills the gaps in the current one and leads to more effective environmental management. The paper addresses some of the areas in which significant changes have occurred or should occur. In particular, …
Waste And Chemical Management In A 4°C World, Michael B. Gerrard
Waste And Chemical Management In A 4°C World, Michael B. Gerrard
Faculty Scholarship
Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world. It is adapted …
Energy Insecurity Mitigation: The Low Income Home Energy Assistance Program And Other Low-Income Relief Programs In The Us, Andrea Nishi, Diana Hernández, Michael B. Gerrard
Energy Insecurity Mitigation: The Low Income Home Energy Assistance Program And Other Low-Income Relief Programs In The Us, Andrea Nishi, Diana Hernández, Michael B. Gerrard
Faculty Scholarship
Energy insecurity, defined as the “inability to meet basic household energy needs,” can be both a chronic and an acute problem. Chronic energy insecurity manifests as an inability to access or afford adequate supplies of energy, while acute energy insecurity arises when infrastructural, maintenance, environmental, or other external sources disrupt or impede access to energy. A substantial number of individuals and families across the United States experience energy insecurity, which can lead to a variety of adverse consequences including residential instability and poor health outcomes.
Climate Change Adaptation As A Problem Of Inequality And Possible Legal Reforms, David A. Dana
Climate Change Adaptation As A Problem Of Inequality And Possible Legal Reforms, David A. Dana
Northwestern University Law Review
Climate change will necessitate adaptation in all parts of the United States, but some individuals and localities will be better able to adapt than others. Wealth inequalities among individuals and localities already are translating—and will continue to translate—into inequalities between the rich and poor in their capacity to adapt. Current federal disaster aid programs and policies exacerbate these inequalities by favoring the wealthy, and future government resource management decisions and investments also may broaden the gap between rich and poor in terms of the economic and other costs they will bear from climate change. Some have suggested broadening Takings Clause …
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
South Carolina Law Review
No abstract provided.
Procedural Environmental Justice, Jonathan Skinner-Thompson
Procedural Environmental Justice, Jonathan Skinner-Thompson
Washington Law Review
Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called meaningful involvement in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision- making. Especially in the environmental arena, regulatory decisions are often …
Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens
Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens
Indiana Law Journal
When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of waivers leaves them vulnerable to abuse. In this Note, I explore how a lack of procedural and substantive safeguards allows the inappropriate use of waivers to further administrative agendas in a way that poses serious risks to both environmental and human health. I then suggest remedial measures available to Congress that would strengthen environmental protections while …
A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney
A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney
Seattle University Law Review
This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.
Clean Air Act Section 115: Is The Ipcc A 'Duly Constituted International Agency'?, Adam D. Orford
Clean Air Act Section 115: Is The Ipcc A 'Duly Constituted International Agency'?, Adam D. Orford
Scholarly Works
Does EPA’s receipt of the Assessment Reports of the Intergovernmental Panel on Climate Change (IPCC) trigger the agency’s duties under Clean Air Act § 115? The law requires EPA to take action to prevent or eliminate air pollution endangering the public health or welfare of foreign nationals under certain circumstances. If triggered, the argument goes, the law could justify, or compel, EPA’s imposition of nationwide greenhouse gas regulation to combat climate change. One way to justify this, or compel it, is to trigger EPA’s duties “upon receipt of reports, surveys or studies from any duly constituted international agency.” This article …
Regulation Of Polyfluoroalkyl Chemicals In New York, Michael B. Gerrard, Edward Mctiernan
Regulation Of Polyfluoroalkyl Chemicals In New York, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are two polyfluoroalkyl chemicals (PFAS) – a class of over 7,000 compounds with unique chemical structures that repel lipids and water. As a result, PFOA and PFOS have been used in numerous household products, such as nonstick cookware and stain-resistant carpets, and commercial applications such as firefighting foam. PFOS and PFOA are frequently referred to as “emerging contaminants,” a label with no precise regulatory definition but generally understood to refer to chemicals for which there are few published standards designed to protect human health and the environment from perceived hazards. Many PFAS compounds …
Waste And The Governance Of Private And Public Property, Tara K. Righetti, Joseph A. Schremmer
Waste And The Governance Of Private And Public Property, Tara K. Righetti, Joseph A. Schremmer
University of Colorado Law Review
Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just a historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of property law generally, both common law and statutory, as well as the law governing oil and gas, water, and public trust resources. Seen for what it is, waste doctrine provides a fresh perspective on property, natural resources, and environmental law.
In this Article, we excavate …
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
University of Colorado Law Review
Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.
This Article proposes the concept of "too-easy solutions" to describe …
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle
West Virginia Law Review
The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …
Addressing Climate Change: Comparing The Paris Agreement To The Addition Of Ecocide To The Rome Statute, Regan K. Robinson
Addressing Climate Change: Comparing The Paris Agreement To The Addition Of Ecocide To The Rome Statute, Regan K. Robinson
Bridges: An Undergraduate Journal of Contemporary Connections
This paper argues that ecocide is the most effective way to address climate change. Through comparing ecocide to the Paris Agreement, this paper concludes ecocide has the potential to better ensure that States commit to reducing environmental harm. It is concluded that ecocide is the most effective way to address climate change as ecocide holds more polluters accountable, utilizes a more effective pre-emptive approach, contains stronger legal consequences and employs a narrative that emphasizes the protection of human rights. As climate change continues to exacerbate, this paper provides valuable insight on how we can better address climate change at an …
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
South Carolina Law Review
No abstract provided.
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens
South Carolina Law Review
No abstract provided.
Environmental Law Disrupted By Covid-19, Katrina Fischer Kuh, Lissa Griffin, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs
Environmental Law Disrupted By Covid-19, Katrina Fischer Kuh, Lissa Griffin, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs
Elisabeth Haub School of Law Faculty Publications
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.
Conservation Easements As A Tool For Nature Protection, William Snape
Conservation Easements As A Tool For Nature Protection, William Snape
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
William & Mary Environmental Law and Policy Review
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Law And Air Pollution In U.A.E. - Prof. Maged Rageb El-Helw, Prof. Majed Ragheb Ei-Helw
Environmental Law And Air Pollution In U.A.E. - Prof. Maged Rageb El-Helw, Prof. Majed Ragheb Ei-Helw
UAEU Law Journal
The serious impact of air pollution is of great concern to both citizens and authorities of all communities in the world. Every bod y hopes to breathe clean air, and every government wishes to keep its country as environmentally pure as possible, free from any kind of pollution , with a heal thy clear atmosphere . However, industrial processes, power generation, motor vehicles, burning of wastes and other sources of pollution tend to pollute the air to which the general population is exposed in almost all countries. This brief study is concerned with air pollution in the United Arab Emirates …
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Faculty Scholarship
No abstract provided.
Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
Faculty Works
Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.