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Full-Text Articles in Law
Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar
Nepa And Downstream Greenhouse Gas Emissions Of U.S. Coal Exports, Elizabeth Sheargold, Smita Walavalkar
Sabin Center for Climate Change Law
As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.
Technology Transfer And Dissemination Under The Unfccc: Achievements And New Perspectives, Stéphanie Chuffart
Technology Transfer And Dissemination Under The Unfccc: Achievements And New Perspectives, Stéphanie Chuffart
Sabin Center for Climate Change Law
Response to climate change will critically depend on the cost, performance, and availability of technologies that can lower emissions, mitigate, and adapt to climate change. Technological innovation can furthermore lower the cost of achieving environmental objectives. However, data from the United Nations Framework Convention on Climate Change (UNFCCC) Subsidiary Body for Scientific and Technological Advice flag that although issues of technology transfer have been central to the UNFCCC since the negotiation of the Convention, there is still an urgent need for effective environmental technology diffusion. Building upon lessons learned from technology transfer activities under the Clean Development Mechanism and the …
Digest Of Hydraulic Fracturing Cases, Smita Walavalkar
Digest Of Hydraulic Fracturing Cases, Smita Walavalkar
Sabin Center for Climate Change Law
As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang
Sabin Center for Climate Change Law
This paper focuses on one of China’s efforts to engage with climate change—the establishment and development of carbon emissions trading schemes (ETSs) in the country. Section II examines the shift from command and control approaches to market mechanisms in China’s climate policy over the past two decades, which primed the domestic scene for the emergence of carbon emissions trading. Section III studies the seven regional ETS pilots due to launch later this year, the success or failure of which will to a large extent determine the future of carbon markets in not only China, but most likely the rest of …
Federal Regulatory Barriers To Grid-Deployed Energy Storage, Andrew Meyer
Federal Regulatory Barriers To Grid-Deployed Energy Storage, Andrew Meyer
Sabin Center for Climate Change Law
Until recently, the most advanced form of grid-deployed energy storage involved pumping water up a hill. But “newer storage technologies like flywheels and chemical batteries have recently achieved technological maturity and are well into successful pilot stages and, in some cases, commercial operation”. If widely adopted these new energy storage technologies will fundamentally alter the operation of our electricity system
State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock
State Hazard Mitigation Plans And Climate Change: Rating The States, Matthew Babcock
Sabin Center for Climate Change Law
Climate change is affecting and will continue to affect the frequency and severity of natural hazard events, a trend that is of increasing concern for emergency managers and hazard mitigation agencies across the United States. Proper response to these hazards will require preparation and planning. Unfortunately, states are not required to include analysis of climate change in their State Hazard Mitigation Plans, which leads to uneven treatment of the issue and missed opportunities for mitigation planning. This survey identifies those state plans that address climate change and climate-related issues in an accurate and helpful manner and those that do not. …
Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012, Cathy Li
Sabin Center for Climate Change Law
Climate change and its predicted effect on precipitation, temperature, storm frequency and intensity, global sea levels, and numerous other factors will pose significant challenges for the maintenance and operations of built infrastructure. Climate change is predicted to exacerbate water-related issues, such as water supply shortages brought on by increasingly severe droughts and more frequent or intense flooding caused by extreme precipitation events. Executive Order 13514 and subsequent instructions from the Council on Environmental Quality (CEQ) have directed federal agencies to prepare for and adapt to the changing environment in which they will have to operate. The National Environmental Policy Act …
Carbon Capture And Storage Policy In China, Yan Gu
Carbon Capture And Storage Policy In China, Yan Gu
Sabin Center for Climate Change Law
This paper examines the current state of Carbon Capture, Utilization and Storage technology (CCUS) in China as well as the related climate change policy, laws, and initiatives that might be used to encourage the large-scale deployment of carbon sequestration in China. The paper is organized in six sections. Section I examines the overall status of CCUS development in China, including CCUS research activities and demonstration project deployment. Section II discusses the broader environment of national climate change policies issued by the State Council (namely the Central People’s Government) and how it accommodates CCUS development policy. Section III reviews China’s technology …
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Sabin Center for Climate Change Law
Regulating leakage presents potential legal challenges: in our federal governmental structure, states are limited by the Constitution in the extent to which they can regulate activities occurring beyond their own borders, and may be preempted by federal statutes from regulating certain interstate activities altogether. This paper analyzes the legal hurdles that RGGI may face should it choose to address emissions leakage through regulating imported electricity. It focuses on two legal issues in particular, which are generally thought to be the most likely arguments raised against imports regulations: (1) whether imports regulations violate the dormant Commerce Clause (DCC) of the Constitution; …
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Sabin Center for Climate Change Law
In recent years, climate change has become an increasingly prominent subject of discussion in EISs. A comparison of agency approaches to EIS scope and methodology shows widely varying treatment of climate change impacts. Agencies differ in the methods used to calculate emissions and assess their significance. In addition, the types of indirect impacts addressed and the extent to which the impacts of climate change on the project are included vary.
Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel
Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel
Sabin Center for Climate Change Law
Environmental impact statements (EISs) should analyze the potential for energy efficiency to reduce the adverse impacts of new projects, to make the projects smaller, or to provide more benign alternatives. The National Environmental Policy Act (NEPA) and its state counterparts require EISs for major actions, and provide numerous opportunities for public participation in the EIS process. These opportunities can be used to press for greater consideration, and perhaps adoption, of energy efficiency measures. This paper serves as a guide to commenting on and challenging EISs on the basis of insufficient consideration of the issues of energy efficiency and conservation. It …
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year, Irene Shulman
Analysis Of California, Washington, And New York Insurer Climate Risk Surveys For The 2011 Reporting Year, Irene Shulman
Sabin Center for Climate Change Law
Climate change has the potential to affect the availability and affordability of insurance across most major insurance categories. The National Association of Insurance Commissioners (NAIC) adopted the Insurer Climate Risk Disclosure Survey in 2009, and in February 2012, California, Washington, and New York administered the survey to insurance companies that write in excess of $300 million in premiums annually. This working paper summarizes and analyzes the survey responses that were submitted to California, Washington, and New York in 2012 for the 2011 reporting year. The working paper found that the majority of the 400 survey responses indicated that climate change …
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates, Shelley Welton, Chen Xu, Brian Troxler, Chao Huang, Andrew Kirchner, Krista Yacovone, Maria Hristova
Public Utilities Commissions & Energy Efficiency: A Handbook Of Legal And Regulatory Tools For Commissioners & Advocates, Shelley Welton, Chen Xu, Brian Troxler, Chao Huang, Andrew Kirchner, Krista Yacovone, Maria Hristova
Sabin Center for Climate Change Law
This handbook examines the range of legal and regulatory tools that state PUCs have to promote energy efficiency. It draws from a broad and deep body of literature on the topic, an examination of relevant state laws and regulations, and interviews with experts in the private and public sectors. The handbook may prove useful in those states that are more advanced in their energy efficiency policies by illuminating potential refinements or alternative design options in areas that prove to be sticking points. It is intended primarily, however, as a resource for those in states that are not yet as advanced …
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings, Michael Kerstetter
Bundling Solutions For Financing Building Energy Efficiency Retrofit Projects In Residential And Commercial Buildings, Michael Kerstetter
Sabin Center for Climate Change Law
Buildings are responsible for approximately 40% of overall national energy consumption and renewed investment in energy efficiency (EE) projects and measures in that sector, in particular, could potentially save consumers and the U.S. economy billions of dollars, create jobs and significantly reduce the emission of greenhouse gasses. Accordingly, a comprehensive and well crafted economy-wide EE solution should include programs for the upgrading or retrofitting of existing residential and commercial structures. Although there is already investment in these types of projects, significant potential still remains for further investment. The subjects discussed in this paper could serve as a useful starting point …
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Sabin Center for Climate Change Law
Over the past two decades, efforts to address climate change have primarily focused on reducing carbon dioxide (CO2) from fossil fuel combustion. The potential contribution of livestock production to climate change has been largely overlooked. Recent scholarship suggests that activities related to livestock production constitute a significant proportion of anthropogenic greenhouse gas (GHG) emissions. Although estimates of livestock’s contribution to our overall GHG emissions range broadly – from 18% to 51% – there is no question that this impact warrants serious consideration from policy makers.
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang
Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang
Sabin Center for Climate Change Law
Black carbon, a component of soot and particulate matter, competes closely with methane as the largest anthropogenic contributor to global warming after carbon dioxide. Regulation of black carbon has been identified as an affordable, politically feasible, fast-action means to mitigate the warming temperatures caused by climate change. With an emphasis on domestic mitigation, this Article examines how emissions are controlled under the CAA and what EPA, states, and municipalities can do to mitigate black carbon emissions further.
Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin
Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin
Sabin Center for Climate Change Law
This paper describes the current state of China’s recognition of sea level rise in the context of global climate change. The author analyzes official state documents addressing sea level rise, including the annual China Sea Level Communiqué, and compares them with local government initiatives and perspectives from non-governmental sources such as academia, NGOs and the general public. The paper concludes that, while China has taken many commendable steps towards addressing sea level rise, there are still considerable obstacles to be overcome. Finally, the author recommends that local governmental and non-governmental actors play a larger and better defined role. The author …
Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz
Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz
Sabin Center for Climate Change Law
Anthropogenic climate change poses a substantial threat to biodiversity. The IPCC estimates that 20-30% of species will face an increased risk of extinction if the average global temperature rises more than 1.5 to 2.5 degrees Celsius. Additional scientific studies indicate that 15-37% of species may become extinct by 2050 due to global warming, based on current emissions trajectories. Domestic and international strategies to manage this threat have traditionally focused on conservation and mitigation. In the last few years, however, policy makers have recognized that near-term climate impacts are inevitable and thus adaptation strategies are required to protect both humans and …
Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward
Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward
Sabin Center for Climate Change Law
This paper addresses the legal and related political and economic implications for U.S. public and private sector investors, and U.S. CCS technological proprietors, in participating in CCS demonstration projects in China through the provision of investment and technology transfers.
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt
Sabin Center for Climate Change Law
Carbon capture and sequestration technology (CCS) could drastically reduce CO2 emissions from coal-fired power plants, thereby mitigating climate change. CCS, however, faces a difficult barrier to market entry: liability for the technology’s many long-term risks. States would like to alleviate this long-term liability problem to capture CCS’s social benefits. Some state constitutions, however, have provisions called “gift clauses” that prohibit giving aid to private parties. This Note argues that some state constitutions’ gift clauses prevent indemnification of private CCS developers. As this Note’s fifty state survey shows, other state constitutions allow indemnification. This asymmetry in constitutionally-allowed financial encouragement results in …
Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong
Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong
Sabin Center for Climate Change Law
This report examines the legal and regulatory framework for U.S. coal exports, focusing in particular on the significant improvements in railroad and port infrastructure that will be necessary in order to boost the volume of overseas coal shipments to the degree anticipated by recent industry projections. While existing railroads and ports have the capacity to handle current coal export volumes, much more infrastructure will be needed to meet surging foreign demand. A wide variety of new construction projects are under consideration to expand capacity and relieve congestion. These range from double-tracking existing Class I railroad rights of way to dredging …
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation, Gregory E. Wannier
Epa's Impending Greenhouse Gas Regulations: Digging Through The Morass Of Litigation, Gregory E. Wannier
Sabin Center for Climate Change Law
As the U.S. Congress has failed to pass meaningful climate legislation, the EPA has initiated a series of regulations under the Clean Air Act designed to recognize greenhouse gases as endangering human health and welfare, and set greenhouse gas emission standards for vehicle fleets and for major stationary sources. Unsurprisingly these efforts have been challenged in the DC Circuit Court of Appeals. This paper discusses both the substantive and procedural issues surrounding the cases, all of which merit attention: in the absence of viable climate legislation these decisions will have important bearing on the extent to which the United States …
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Sabin Center for Climate Change Law
The State of Colorado's recently-enacted Clean Air-Clean Jobs Act (CACJA) requires utilities to create plans that reduce NOx emissions by 70% at a specified portion of their coal-fired electricity generation facilities by the end of 2017. It allows utilities to use many different methods to achieve those reductions, but encourages and incentivizes the replacement of coal-based generation with natural gas. Utilities must seek approval for their plans from state agencies and must work closely with those agencies in designing the plans. This paper discusses the legal, political, and economic context for CACJA, and highlights the bill's advantages and disadvantages as …
Municipal Green Building Ordinances In The U.S., Marne Sussman
Municipal Green Building Ordinances In The U.S., Marne Sussman
Sabin Center for Climate Change Law
Numerous municipalities in the U.S. have created green building ordinances over the past few years. These ordinances are cataloged and examined in the municipal green building ordinance spreadsheets on the website of the Center for Climate Change Law. To better understand the decisions that need to be made in developing a model green building ordinance, this paper discusses the different choices made by the municipalities that developed the ordinances identified in the spreadsheets and notes areas of consensus among municipalities.
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang
Sabin Center for Climate Change Law
The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …
The Epa’S Proposed Transport Rule: Implications For Climate Change Regulation, Jessica A. Wentz
The Epa’S Proposed Transport Rule: Implications For Climate Change Regulation, Jessica A. Wentz
Sabin Center for Climate Change Law
On July 6, 2010, the U.S. Environmental Protection Agency (EPA) proposed a Clean Air Act rulemaking to reduce sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from power plants in the eastern United States. If it survives legal scrutiny, the rule will impose a hybrid cap-and-trade program with state-specific SO2 and NOx emission budgets and limited interstate trading. This paper discusses the rule's requirements, how it compares to its predecessor (the Clean Air Interstate Act), the projected impact on air quality and public health, and implications for future climate change policy.
Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115, Hannah Chang
Cap-And-Trade Under The Clean Air Act?: Rethinking Section 115, Hannah Chang
Sabin Center for Climate Change Law
Section 115 of the Clean Air Act, addressing international air pollution, is widely-dismissed as a viable avenue for mitigation of greenhouse gases (GHGs) because of a misplaced assumption that National Ambient Air Quality Standards (NAAQS) must be established for GHGs before Section 115 authority can be exercised for GHGs. This paper explores the statutory language and legislative history of Section 115 to refute this conventional view, and argues that Section 115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.
International Executive Agreements On Climate Change, Hannah Chang
International Executive Agreements On Climate Change, Hannah Chang
Sabin Center for Climate Change Law
The difficulty of ratifying any future climate change agreement through the Article II treaty process calls for an understanding of the scope of the President’s independent power to enter into internationally binding commitments related to climate change. This power is necessarily limited, but as this paper shows, the President’s foreign affairs powers, together with authority derived from existing treaty obligations and federal statutes, provide legal authority for the President to enter executive agreements relating to measurement, reporting, and verification; aviation emissions; cooperative research and development in science and technology; and capacity-building for developing countries.
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Sabin Center for Climate Change Law
This paper examines the technical aspects and policy implications of each of four strategies to effectuate environmentally conscious policies in the federal government's food procurement procedures: a litigation strategy, a rulemaking strategy, a NEPA strategy, and a legislative strategy.