Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
Michigan Law Review First Impressions
The international Kyoto Protocol to combat global warming—negotiated in 1997 and ratified by nearly all signatory countries except the United States and Kazakhstan—will expire in 2012, at the end of the upcoming presidential term. Whichever candidate the American people select to lead our nation for the next four years will face two great challenges to confront global climate change: what direction to take the country within the international community as the world decides how to replace Kyoto, and what policies to implement domestically to help curb this impending crisis.
A U.S.-China Partnership To Protect Our Climate, Thomas P. Lyon
A U.S.-China Partnership To Protect Our Climate, Thomas P. Lyon
Michigan Law Review First Impressions
Climate change is an environmental problem of global dimensions, but we lack a system of international law that can impose a coordinated response. Bilateral agreements between key nations may present a solution. A partnership between the United States and China to develop technology for carbon capture and sequestration offers hope for mitigating the climate impacts of China’s rapidly growing number of coal-burning electric power plants.
The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello
The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello
Michigan Law Review First Impressions
Laws criminalizing animal abuse should apply to the agricultural industry. When we exempt the agricultural industry from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.
Climate Change And The States: Constitutional Issues Arising From State Climate Protection Leadership, Robert K. Huffman, Jonathan M. Weisgall
Climate Change And The States: Constitutional Issues Arising From State Climate Protection Leadership, Robert K. Huffman, Jonathan M. Weisgall
Sustainable Development Law & Policy
No abstract provided.
Landmark Agreement To Strengthen Montreal Protocol Provides Powerful Climate Mitigation, Donald Kaniaru, Rajendra Shende, Durwood Zaelke
Landmark Agreement To Strengthen Montreal Protocol Provides Powerful Climate Mitigation, Donald Kaniaru, Rajendra Shende, Durwood Zaelke
Sustainable Development Law & Policy
No abstract provided.
Using The Polar Bear Framework To Protect The Arctic Habitat, Tim P. Shields
Using The Polar Bear Framework To Protect The Arctic Habitat, Tim P. Shields
Sustainable Development Law & Policy
No abstract provided.
Climate Change: The China Problem, Michael P. Vandenbergh
Climate Change: The China Problem, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States as the largest greenhouse gas emitter, and its projected future emissions far outstrip those of any other nation. Although the United States has been the largest emitter for years, China's emissions have enabled critics in the United States to argue that domestic reductions will be ineffective and will transfer jobs to China. These two aspects of the China Problem, Chinese emissions and their influence on the political process …
Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown
Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown
Seattle University Law Review
This Comment argues that Washington's renewable energy tax incentives likely discriminate against interstate commerce. More importantly, however, it contends that although these types of tax incentives violate the Commerce Clause, Congress can and should pass legislation authorizing their use under the state police power.
Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly
Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly
Vanderbilt Law School Faculty Publications
A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …
Why And How To Tax Carbon, Michael Waggoner
Why And How To Tax Carbon, Michael Waggoner
Publications
Increased concern about possible global warming due to rising levels of greenhouse gases such as carbon dioxide ("CO2") suggests the need to control emissions of CO2. This article explores a system of revenue-neutral carbon taxes as a supplement or alternative to other CO2 control systems such as subsidies, regulation, and cap-and-trade. A system of carbon taxation should be, the Article suggests, sufficiently fairer and simpler and more efficient than the other possible systems of CO2 control and that it merits serious consideration. Because the carbon tax that is suggested would be revenue neutral, it should be politically acceptable. Problems with …
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
Faculty Scholarship
While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states are taking steps to reduce the carbon footprints of their industries and citizens. As it has in the past, California is leading the way. But are its actions legal?
Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.
Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.
Faculty Scholarship
Emission of greenhouse gases is a global problem. Any nation seeking to restrict such emissions by its manufacturers should avoid putting them at a disadvantage in world and domestic markets where they are likely to compete with producers that do not bear the cost of emission controls. One approach being considered in the United States would be adoption of technical regulations limiting the carbon intensity of basic products, such as cement, aluminum, steel, etc., offered for sale in the US market (carbon intensity would be defined as the C02 equivalent emissions per ton of product). Domestic and imported products that …
The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson
The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson
Articles
Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the courts. As they note, the quality of agency deliberation matters to two different debates. First, should an agency interpretation of statutory language to preempt state law receive Chevron deference in the courts, as other agency interpretations may, or should some lesser form of deference be given? Second, should a general statutory authorization to an agency to administer a program and to issue rules …