Law Commons^™

The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk

Seattle Journal of Technology, Environmental & Innovation Law

Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …

Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition: How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela

Columbia Center on Sustainable Investment Staff Publications

The Nigerian National Petroleum Corporation’s (NNPC) persistent governance challenges have both hampered Nigeria’s oil sector development and deprived the country of public resources. The oil, climate, and COVID-19 crises and the ramp-up of the low-carbon transition exacerbate this reality, with the national oil company (NOC) delivering sub-optimal returns to its stakeholders.

Other NOCs have taken meaningful steps to become players in the low-carbon energy transition domestically or in­ternationally – for example, Sau­di Arabia’s Saudi Aramco, Norway’s Equinor, Brazil’s Petrobras, Malaysia’s Petronas, and Algeria’s Sonatrach. These NOCs can serve as sources of inspiration for NNPC. These five NOCs have also undergone …

Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.

Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …

A Comparative Review Of Climate Change And Sustainable Development In Canada And Nigeria: The Path To A Greener Future., Mary Uchechi Nnabara

Master of Laws Research Papers Repository

Over the years, climate change and sustainable development have become global concerns that have attracted global attention. This is owing to the fact that human activities calculated to bring about economic growth and sustainable development have wrecked great havoc and disrupted the balance that exists between growth and the environment. It has therefore become crucial for nations to work towards a common goal which is to fight against climate change in order to achieve sustainable development.

This can be achieved by reducing activities that contribute to greenhouse gases in the atmosphere and to climate change. Also, countries will need to …

The Business Of Heritage In Singapore: Money, Politics & Identity, Kevin Tan

Journal of Comparative Urban Law and Policy

Singapore is one of the most rational and unsentimental places on earth. Its government prides itself on its pragmatic approach to policy-making, and is not afraid to slaughter sacred cows if they have to. This is perhaps most dramatically demonstrated by the radical modernization of Singapore’s built environment through its various Master Plans and public housing programmes. This massive physical transformation is perhaps modern Singapore’s most visible sign of progress. In such a milieu, ‘heritage’ is viewed more as a commodity to be bargained over than a common good in itself. The discussion over whether a building should be preserved …

Institutional Framework For Open Space Conservation, Janice Griffith

Journal of Comparative Urban Law and Policy

Finding an effective approach to conserve large-scale, multipurpose open spaces through a coordinated network across jurisdictional boundary lines has proved elusive. Because open space infrastructure serves so many functions ranging from recreational trails to ecological systems protection, decision makers have often treated open space as a subpart of another activity and overlooked its importance. After discussing the benefits of open space conservation, this article analyzes the impediments to its realization. Noting the institutional fragmentation that surrounds open space conservation, the article discusses the governmental and private sector bodies that implement actions designed to achieve it. The article argues that open …

Disclosing The Danger: State Attorney Ethics Rules Meet Climate Change, Victor B. Flatt

Utah Law Review

This Article suggests a novel concept in climate change law and attorney ethics law by proposing that many states’ attorney ethics laws could be interpreted to require, or at least permit, attorneys to disclose client activity relating to greenhouse gas emissions. Every state has some form of ABA Model Rule 1.6(b), either requiring or allowing attorneys to disclose client activities that result in death or substantial bodily harm. This Article asserts that precedent surrounding this disclosure rule indicates that the rule could be applicable to harms caused by greenhouse gas emissions. Attorney disclosures, in turn, could impact a wide swath …

Uncooperative Environmental Federalism 2.0, Jonathan H. Adler

Faculty Publications

Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.

Emergency Exemptions From Environmental Laws, Michael B. Gerrard

Faculty Scholarship

The national response to the coronavirus crisis may face several impediments but federal and state environmental laws should not be among them. Most of these laws have emergency exemptions that allow the usual (and sometimes lengthy) procedures to be bypassed, and some substantive requirements to be waived, in instances of true urgency. However, there is concern that some agencies and corporations will use this as an excuse to bypass environmental laws that aren’t actually getting in the way of responses to the crisis.

An Exploration Of Zero Waste Policies And Recommendations For Missoula, Sarah Blyth Lundquist

Graduate Student Theses, Dissertations, & Professional Papers

“Zero Waste” is a concept and community goal that has arisen to challenge the current consumerist economic system and offer solutions for a number of environmental issues. In adopting this goal, individuals and communities pledge to reduce and divert at least 90% of their waste in a certain number of years. These goals can be reached by employing policies, programs, and other intervention tactics which establish Zero Waste infrastructure, ensure equitable and widespread access to Zero Waste services, and provide educational outreach and resources to the community. Missoula adopted a Zero Waste goal in 2016 and created a Zero Waste …