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Full-Text Articles in Law

Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh Dec 2018

Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh

Arkansas Law Review

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …


Is The Paris Agreement Already Poised For Failure? - Discerning How Impactful The Clean Power Plan's Fate Is On The Latest Global Climate Initiative, Shawn Eric Mckenzie May 2018

Is The Paris Agreement Already Poised For Failure? - Discerning How Impactful The Clean Power Plan's Fate Is On The Latest Global Climate Initiative, Shawn Eric Mckenzie

Georgia Journal of International & Comparative Law

No abstract provided.


Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek Apr 2018

Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek

William & Mary Environmental Law and Policy Review

No abstract provided.


Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil Apr 2018

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

William & Mary Environmental Law and Policy Review

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current “pledge and review” paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …


See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger Feb 2018

See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger

William & Mary Environmental Law and Policy Review

No abstract provided.


Electricity Markets And The Social Project Of Decarbonization, Shelley Welton Jan 2018

Electricity Markets And The Social Project Of Decarbonization, Shelley Welton

All Faculty Scholarship

Decarbonization is the process of converting our economy from one that runs predominantly on energy derived from fossil fuels to one that runs almost exclusively on clean, carbon-free energy. If pursued on the scale that experts believe necessary to prevent dangerous climate change, the infrastructure changes required to decarbonize the United States will have significant social and cultural implications. States aggressively pursuing decarbonization have adopted policies reflecting their understanding that decarbonization is a social project implicating numerous value choices. Various state decarbonization policies combine the aim of decarbonization with job promotion, economic development, income redistribution, urban revitalization, open-space preservation, and …


Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jan 2018

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson

Articles by Maurer Faculty

Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation …