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Full-Text Articles in Law

The Superagency Solution, K.K. Duvivier Apr 2015

The Superagency Solution, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In many parts of the country, hydraulic fracturing has brought energy development onto people’s doorsteps. Efforts by local governments to employ traditional land use mechanisms to study and mitigate some of the impacts of these latest intrusions have erupted into battles over the scope of statewide agencies’ control. Forgotten in this fray are many renewable energy resources. As a general rule, they are not subject to statewide oversight, and consequently renewable energy providers must navigate the myriad of siting and permitting requirements of local jurisdictions. For several years, scholars have urged more statewide renewable energy siting procedures to level the …


Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David Apr 2015

Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David

Student Works

Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …


Save Birds Now Or Birds Later, Michael B. Gerrard Jan 2015

Save Birds Now Or Birds Later, Michael B. Gerrard

Faculty Scholarship

Due to a combination of climate change, habitat loss, water diversions, pesticides and other toxics, and other factors, the Earth is now facing the sixth mass extinction event in its geological history, on a par with the asteroid that killed the dinosaurs and much else.

The international goal for fighting climate change, as adopted and reaffirmed at several United Nations climate conferences, is to keep global average temperatures from rising more than two degrees Celsius above pre-industrial conditions. Even an increase at that level would have very negative consequences to humans as well as other species — the low-lying island …


Climate Change In The Courts: An Assessment Of Non-U.S. Climate Litigation, Meredith Wilensky Jan 2015

Climate Change In The Courts: An Assessment Of Non-U.S. Climate Litigation, Meredith Wilensky

Sabin Center for Climate Change Law

In 2007 Arnold & Porter (later joined by the Sabin Center for Climate Change Law at Columbia Law School) compiled and proceeded to update a comprehensive collection of judicial decisions from U.S. courts concerning climate change. Largely drawing on that work, in 2012, Professor David Markell of Florida State University College of Law and Professor J.B. Ruhl of Vanderbilt University Law School published an empirical assessment of climate change litigation in the United States. Since 2011, the Sabin Center has maintained a compilation of climate change cases from outside the United States. Using the categorization methods employed in the Markell …