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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (10)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (9)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (4)
- Journal Publications (3)
- Faculty Scholarship (2)
Articles 1 - 30 of 34
Full-Text Articles in Law
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
The Legitimacy Of Judicial Climate Engagement, Katrina Fischer Kuh
The Legitimacy Of Judicial Climate Engagement, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Courts in key climate change cases have abdicated their constitutional responsibility to protect a prejudiced and disenfranchised group (nonvoting minors and future generations) and remedy an insidious pathology in public discourse and the political process: the industry-funded climate disinformation campaign. This Article posits that this abdication results from courts' uneasiness about displacing the prerogatives of democratically elected bodies. This uneasiness is misplaced. Court engagement with climate cases would strengthen democracy in accord with widely accepted justifications for countermajoritarian judicial review. This Article first describes in detail how courts exhibit a frustrating reticence to accept jurisdiction over cases that present questions …
Climate Litigation Scores Successes In The Netherlands And Pakistan, Michael B. Gerrard
Climate Litigation Scores Successes In The Netherlands And Pakistan, Michael B. Gerrard
Faculty Scholarship
Most U.S. climate change litigation falls into one of two categories. The vast majority of cases — which receive the bulk of the attention — are based on the Clean Air Act and other statutes. These include Massachusetts v. Environmental Protection Agency (2007) and the current litigation over the U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan. The second category, and the focus of this article, comprises cases based on common law and the Constitution.
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Publications
Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …
They Had Nothing, Charles Wilkinson
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl
Scholarly Publications
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Climate Change And The Public Law Model Of Torts: Reinvigorating Judicial Restraint Doctrines, Donald G. Gifford
Faculty Scholarship
The Article traces the origins of climate change litigation back to earlier forms of “public interest tort litigation,” including government actions against the manufacturers of cigarettes, handguns and lead pigment. Public interest tort litigation is different in kind from traditional tort actions, even asbestos and other mass products litigation. These new lawsuits address society-wide or even worldwide problems and seek judicially imposed regulatory regimes. As such, they more closely resemble civil rights litigation and what Abram Chayes deemed “the public law model” than they do earlier tort actions. I conclude that the public law model of tort litigation is the …
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Journal Publications
The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona
24 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA
38 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steven T. Gray, Wyoming State Climatologist, University of Wyoming, Laramie, WY
48 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara
60 slides
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Journal Publications
This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
3 pages.
Includes bibliographical references
"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"
"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy
The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
11 pages.
Includes bibliographical references
"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)
"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
1 page.
"Lisa Heinzerling, Georgetown Law School" -- Agenda
Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie
Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Rebecca Tsosie, Professor of Law, Arizona State University
1 page.
Climate Justice: The Next Movement [Outline], Richard J. Lazarus
Climate Justice: The Next Movement [Outline], Richard J. Lazarus
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Richard J. Lazarus, Professor of Law, Georgetown University Law Center
2 pages.