Law Commons^™

The Reduction Of Air Pollution: States And Markets For An Environmental Global Governance, Marta D'Auria

Bocconi Legal Papers

The air pollution is a global issue; therefore, in order to deal with it, the solution cannot be national. Not only does the Kyoto Protocol establish specific deadlines and quantitative targets for the reduction of greenhouse gases, but it also provides for the so-called ‘flexibility mechanisms’. Among these, it should be mentioned the ‘emissions trading’ system, which establishes a cap of allowable emissions, by allocating ‘emissions allowances’ and trade in them. The paper analyses four main aspects. Firstly, the choice of market-based instruments in the environmental policy, which mark the shift from ‘command-and-control’ to a new type of regulation. Secondly, …

Atomic Power, Fossil Fuels, And The Environment: Lessons Learned And The Lasting Impact Of The Kennedy Energy Policies, Joshua P. Fershee

Joshua P Fershee

Because of his short term of office, President Kennedy’s energy policies have not been critiqued, reviewed, or analyzed in the same manner, or to the same degree, as other administrations. This Essay fills part of that void by reviewing the key components of President Kennedy’s energy and environmental goals and policies that managed to have a lasting impact, despite his short term in office, and discusses the results of those policies, both positive and negative. Through this review, President Kennedy’s policies can become a resource and roadmap for the current Administration and all those who seek to ensure access to …

Guidance For The Awkward: Outgrowing The Adolescence Of State Electronic Waste Laws, Jeremy Knee

Jeremy Knee

No abstract provided.

Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio

Darren A. Prum

No abstract provided.

Energy Security, Green Job Creation, And Youth Innovation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Global energy demand is likely to increase by 45 percent by 2030. Climate change will threaten existing employment and necessitate new green jobs. Funding has gone towards such renewable energy technologies as wind and solar; such fuel economy options as second-generation hybrids, plug-in electrics, and fuel cell vehicles; increased appliance efficiency; and such water-efficient farming methods as drip irrigation. Youth innovation can play a powerful role in achieving sustainable development. Nobel Peace Prize winner Professor Muhammad Yunus has demonstrated how micro finance in the form of small loans can help poor people start or expand entrepreneurial endeavors. Government funded research …

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Erin Ryan

As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith

Bryant Walker Smith

Is water a “product” subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the “public-ownership consensus”) precludes any reading of GATT that would fundamentally alter the unique status of those resources. My reasoning therefore differs from others who have addressed this issue in that I first examine the broader legal context in which the WTO exists and then consider how that context compels an interpretation of “product” …

38th Annual Conference On Environmental Law: The Next Generation Of Environmental Law, James R. May

James R. May

This short piece describes the program, speakers and extras of the ABA’s 38th Annual Conference on Environmental Law. Changes abound as the Obama Administration enters, Congress welcomes new members, and states have new governors and legislators implement novel environmental initiatives.

Reforming Section 10 And The Habitat Conservation Plan Program, David A. Dana

Faculty Working Papers

This Chapter in a forthcoming book to be published by AEI (edited by Jonathan Adler) provides a framework for HCP reform. The Chapter first briefly reviews the history of HCP regulations and guidance, and what we know about HCPs in practice (which is limited). It offers a range of reforms to address problems in the current HCP approach, including requirements that the Services assemble a better database regarding current HCPs and report to Congress on the program periodically; greater reliance on programmatic regulations adopted after notice and comment; development of guidelines for assessing the likely or possible environmental impacts of …

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …

Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler

Faculty Publications

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental …

The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Lessons Learned From The European Union’S Climate Policy, David Hunter

Articles in Law Reviews & Other Academic Journals

INTRODUCTION The United States, after ignoring climate policy for the last decade, now finds itself debating the merits of a national cap-and-trade policy. Currently, U.S. environmentalists are divided over whether to support the watered-down American Climate and Energy Security bill (ACES), also known as the Waxman-Markey bill. ACES passed the U.S. House of Representatives only after significant changes were made to address concerns from the coal industry and other powerful forces; and the bill likely faces even more compromises if it is to be passed in the U.S. Senate.' Supporters of the Waxman-Markey bill believe it is best to establish …

Renewable Energy And Preemption: Lessons From Siting Lng Terminals, Kenneth Kristl

Kenneth T Kristl

No abstract provided.

Progress Toward Sustainability: A Report Card And A Recommended Agenda, John Dernbach

John C. Dernbach

No abstract provided.

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.

Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo

Carl J. Circo

National Governance: Still Stumbling Toward Sustainability, John C. Dernbach

John C. Dernbach

No abstract provided.

The Rising Tide Of Climate Change: What America’S Flood Cities Can Teach Us About Energy Policy And Why We Should Be Worried, Joshua P. Fershee

Joshua P Fershee

To provide a model for assessing the current and likely responses to climate change risks, this Article considers two of America’s worst flood disasters—in Grand Forks, North Dakota, and New Orleans, Louisiana— and applies the same rationale to critical climate change issues facing the nation today. This Article, written by a current resident of Grand Forks and a former New Orleans resident, begins with a background on climate change and related policy initiatives. Next, it considers the flood of 1997 in Grand Forks, which caused more than 50,000 people to abandon their homes. The development of the flood preparations, the …

Stakeholder Reaction To Emissions Trading In The United States, The European Union, And The Netherlands, Bryant Walker Smith

Bryant Walker Smith

As a contribution to the debate over market-based environmental regulation, this article examines the reaction of stakeholders to cap-and-trade programs proposed and/or implemented in the United States, the European Union, and the Netherlands for industrial emissions of certain pollutants. Those pollutants include nitrogen oxides (NOX), sulfur dioxide (SO2), mercury (Hg), and greenhouse gases such as carbon dioxide (CO2). For the purpose of the article, stakeholders include environmental groups, regulators, and particularly industry.

The broad conclusion, to which the remainder of the article provides context, is straightforward: Industry dislikes regulation. It strongly dislikes redundancy. It loathes uncertainty. Even emitters that have …

Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez

Carmen G. Gonzalez

In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …

Biofuels, Subsidies, And Dispute Settlement In The Wto, Bryant Walker Smith

Bryant Walker Smith

The first WTO panels to tackle a biofuels dispute under the Agreement on Subsidies and Countervailing Measures will navigate a murky sea of conflict, gridlock, and uncertainty that the subsidies agreement did not contemplate and that the failed Doha round did not resolve. This article charts these waters. It identifies both the values that the panels will confront and the interpretive tools that they will wield. It further argues that dispute settlement may become the primary driver of an otherwise stagnant regime, and it sketches three competing visions for protecting the “legally binding security of expectations” that underscores that regime.

The Human Right To A Green Future: Environmental Rights And Intergenerational Justice (Book Review), Darla W. Jackson

Darla W. Jackson

No abstract provided.

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 …