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Full-Text Articles in Law
Reconciling International Investment Law And Climate Change Policy: Potential Liability For Climate Measures Under The Trans-Pacific Partnership, Meredith Wilensky
Reconciling International Investment Law And Climate Change Policy: Potential Liability For Climate Measures Under The Trans-Pacific Partnership, Meredith Wilensky
Sabin Center for Climate Change Law
The pending Trans-Pacific Partnership (TPP) trade agreement has raised controversy, fueled by leaks of the draft text and congressional debate over fast-track negotiation authority. Like similar agreements, the TPP creates the risk of government liability for enacting regulations, especially new or comprehensive measures to address climate change. This Article analyzes how the TPP’s investor protection provisions and dispute settlement mechanism might be invoked to challenge climate change policy. The author concludes that the negotiators’ efforts to date are insufficient to protect climate measures from the risk of liability, and suggests reforms to the draft text.
Assessing The Impacts Of Climate Change On The Built Environment Under Nepa And State Eia Laws: A Survey Of Current Practices And Recommendations For Model Protocols, Jessica A. Wentz
Sabin Center for Climate Change Law
Federal agencies are beginning to incorporate descriptions of climate change impacts into environmental reviews for buildings and infrastructure, but there is no consistent methodology for evaluating these impacts and mitigating any foreseeable risks to the project or affected environment. This Article asserts that an assessment of climate-related risks and adaptation options falls within the scope of considerations that should be addressed under the National Environmental Policy Act and similar laws. It concludes with a set of recommended protocols for identifying the impacts of climate change on projects and their affected environment, evaluating physical and environmental risks, and selecting appropriate mitigation …