Law Commons^™

Adaptation, Economics, And Justice, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

The North American Great Lakes, Noah D. Hall

Noah D Hall

The Great Lakes are a vast resource shared by two countries, ten states and provinces, and hundreds of Indian tribes or First Nations. They are the quintessential commons that have seen their share of tragedies. Addressing competing pressures of economic development and environmental protection is only part of the challenge. The real struggle has been governance: How is management of an international transboundary resource best accomplished under the legal and political limitations of constitutional federalism? This chapter analyses the international agreements, court decisions, interstate compacts, and federal statutes that created a transboundary water regime, considering in detail the Great Lakes– …

Epa's Endangerment Finding For Greenhouse Gases And The Potential Duty To Adopt National Ambient Air Quality Standards To Address Global Climate Change, Patricia Ross Mccubbin

Patricia Ross McCubbin

The U.S. Environmental Protection Agency (EPA or the Agency) recently announced its intention to make a finding under the Clean Air Act that greenhouse gases from new cars and light trucks endanger the public health and welfare by contributing to global climate change. That proposed endangerment finding and the vehicle emission standards that will follow are highly controversial, with industry representatives vigorously challenging EPA’s scientific conclusions. Of even greater controversy, however, is the possibility that issuance of the final endangerment finding will obligate EPA and the states to regulate greenhouse gases from nearly every sector of the economy with “national …

Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville

Mark L. Belleville

The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Jeffrey Sutton, Jonathan Adler, John Dernbach, Steven Hayward, Jeremy Rabkin

John C. Dernbach

No abstract provided.

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

Andrew L. Strauss

This chapter examines the potential for the International Court of Justice to serve as a forum for climate change litigation. It begins by assessing the potential legal and political implications of an International Court of Justice decision on climate change. It then proceeds to evaluate various jurisdictional basis upon which the Court could agree to hear cases implicating climate change. Finally, the chapter provides an overview of the law the law applicable to climate change litigation before the Court.

Climate Change And U.S. Interests, Andrew T. Guzman, Jody Freeman

Andrew T Guzman

The public policy debate on the appropriate American response to climate change is now in full swing. There are no longer significant voices disputing that climate change is real or that it is primarily the result of human activity. The issue today is what the United States should do about climate change given the risks the country faces and the likely economic impacts. The question is whether putting a price on carbon domestically is worth the cost.

In this Article we make the case that the United States should act aggressively to mitigate the effects of climate change. In doing …

The Emerging Constitutional Challenge Of Climate Change: India In Perspective, Deepa Badrinarayana

Deepa Badrinarayana

India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in …