Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- File Type
Articles 1 - 13 of 13
Full-Text Articles in Law
Clearing The Air In Copenhagen, Richard Faulk
Clearing The Air In Copenhagen, Richard Faulk
Richard Faulk
As I prepare to depart for the Copenhagen climate change conference, the entire process seems awash in doubt, confusion, and controversy. Despite the grand hopes of many members of the international community, including many respected politicians and scientists, even the most optimistic advocates concede that it will be impossible to secure a comprehensive and binding climate change agreement. Instead, the delegates will seek a consensus that will guide the drafting and presentation of a formal treaty sometime in 2010, either in Bonn or in Mexico City.
Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May
Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May
Kenneth T Kristl
No abstract provided.
What’S It To You?: The Difficulty Of Valuing The Benefits Of Climate- Change Mitigation And The Need For A Public-Goods Test Under Dormant Commerce Clause Analysis, Mary B. Russell
Mary B. Russell
ABSTRACT: In an effort to minimize its contribution to climate change by reducing greenhouse gas emissions, California enacted California Senate Bill 1368. The bill prohibits utilities from purchasing electrical power from plants that emit more greenhouse gases than natural-gas-fired power plants. This burdens interstate commerce by prohibiting power purchases from out- of-state coal-fired plants and is likely to lead to a constitutional challenge under the dormant Commerce Clause. To address the validity of California Senate Bill 1368 under traditional dormant Commerce Clause analysis, one necessary step is to answer a question that has troubled scientists and economists for decades: What …
Ecosystem Resilience To Disruptions Linked To Global Climate Change: An Adaptive Approach To Federal Land Management, Robert L. Glicksman
Ecosystem Resilience To Disruptions Linked To Global Climate Change: An Adaptive Approach To Federal Land Management, Robert L. Glicksman
Robert L. Glicksman
Global climate change presents daunting challenges to the federal government’s ability to manage its lands and resources in ways that ensure that the priceless natural heritage that these land and resources comprise remains available in substantially unimpaired condition to both present and future generations of Americans. One of the challenges results from the fact that the laws governing the activities of federal land management agencies have outlasted the scientific assumptions on which those laws were based. In particular, Congress adopted many of those laws on the assumption that ecological systems tend toward a natural equilibrium. Subsequently, the science of ecology …
Adaptation, Economics, And Justice, Robert R.M. Verchick
Adaptation, Economics, And Justice, Robert R.M. Verchick
Robert R.M. Verchick
No abstract provided.
Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin
Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin
Patricia Ross McCubbin
The U.S. Environmental Protection Agency (EPA or the Agency) recently announced its intention to make a finding under the Clean Air Act that greenhouse gases from new cars and light trucks endanger the public health and welfare by contributing to global climate change. That proposed endangerment finding and the vehicle emission standards that will follow are highly controversial, with industry representatives vigorously challenging EPA’s scientific conclusions. Of even greater controversy, however, is the possibility that issuance of the final endangerment finding will obligate EPA and the states to regulate greenhouse gases from nearly every sector of the economy with “national …
Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville
Mark L. Belleville
The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …
Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May
Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May
David R. Hodas
No abstract provided.
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
David R. Hodas
No abstract provided.
Greening The Grid And Climate Justice, Alice Kaswan
Greening The Grid And Climate Justice, Alice Kaswan
Alice Kaswan
This short symposium essay argues that the collateral environmental and economic justice benefits of greening the grid provide support for transformative climate policies that speed the development of fossil fuel alternatives. More broadly, policymakers should integrate climate justice considerations into the design of any new energy infrastructure in order to maximize the benefits and minimize the risks of the profound transition ahead. While efforts to integrate climate justice could complicate climate and energy legislation, they would, on balance, further rather than hinder the political prospects for greening the grid. The essay concludes by encouraging an inclusive and participatory process for …
Agenda For A Sustainable America, John Dernbach
Agenda For A Sustainable America, John Dernbach
John C. Dernbach
No abstract provided.
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Alice Kaswan
A cap-and-trade program is likely to be a centerpiece of federal climate change legislation. The presence of a national market does not, however, render irrelevant the states’ vital interest in the goals and operation of a national trading program. This Article addresses a first critical question about a state’s role in a federal system: whether federal legislation should allow states to be more stringent than the federal government and to achieve that stringency through controls on stationary sources. This Article reviews the compelling justifications for allowing states to be more stringent. It then assesses particular mechanisms for achieving state stringency …
Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss
Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss
Andrew L. Strauss
This chapter examines the potential for the International Court of Justice to serve as a forum for climate change litigation. It begins by assessing the potential legal and political implications of an International Court of Justice decision on climate change. It then proceeds to evaluate various jurisdictional basis upon which the Court could agree to hear cases implicating climate change. Finally, the chapter provides an overview of the law the law applicable to climate change litigation before the Court.