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2018

Environmental Law

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Full-Text Articles in Law

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano Dec 2018

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.

At the same time, the costs of solar, wind and battery storage systems have …


Framing The Global Pact For The Environment: Why It’S Needed, What It Does, And How It Does It, Teresa Parejo Navajas, Nathan Lobel Dec 2018

Framing The Global Pact For The Environment: Why It’S Needed, What It Does, And How It Does It, Teresa Parejo Navajas, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

We face a critical environmental crisis. Humanity consumes unsustainably; we use resources at a rate fifty percent faster than they are reproduced by the planet. The population is growing exponentially and climate change, the most important challenge of this century, is already wreaking havoc around the world. Despite numerous existing international environmental treaties, the Earth, and, therefore, human safety and prosperity, is in peril. According to a recent study by scientists from Stanford University and the National Autonomous University of Mexico, the ongoing “sixth mass extinction” threatens to cause an “assault on the foundations of human civilization.” In November 2017, …


Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann Dec 2018

Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann

Faculty Scholarship

The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote lowcarbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the need for …


Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman Nov 2018

Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman

Testimony Before Congress

Virtually every major international gathering of world leaders recently has ended in failure—or at least failure to reach enough agreement to issue a concluding statement or communique. These failures come at a time when many have been looking for signs that world leaders would come together to address the most pressing problems facing the world—including climate change, the breakdown in the rules of the international trading system, the need everywhere for good jobs that pay a living wage, and rapidly growing income inequality.

The failure of these meetings to produce formal agreements—or even specific paths to reaching agreements in the …


Costs And Consequences Of Wake Effects Arising From Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. Duvivier, D. Kaffine, J.M. Tomaszewski Nov 2018

Costs And Consequences Of Wake Effects Arising From Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. Duvivier, D. Kaffine, J.M. Tomaszewski

Sturm College of Law: Faculty Scholarship

Optimal wind farm locations require a strong and reliable wind resource and access to transmission lines. As onshore and offshore wind energy grows, preferred locations become saturated with numerous wind farms. An upwind wind farm generates ‘wake effects’ (decreases in downwind wind speeds) that undermine a downwind wind farm’s power generation and revenues. Here we use a diverse set of analysis tools from the atmospheric science, economic and legal communities to assess costs and consequences of these wake effects, focusing on a West Texas case study. We show that although wake effects vary with atmospheric conditions, they are discernible in …


Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law Nov 2018

Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various calculations and inputs relied upon when using the EPA’s PRG calculator to assess risk to human health and the environment in its ongoing work to remediate contamination at the shipyard.


11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law Nov 2018

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Commonwealth Climate And Law Initiative - Climate Change And Legal Risk, Janis P. Sarra, Cynthia Williams Nov 2018

Commonwealth Climate And Law Initiative - Climate Change And Legal Risk, Janis P. Sarra, Cynthia Williams

Conference Papers

In this presentation, Dr Janis Sarra, Presidential Distinguished Professor and Professor of Law University of British Columbia, outlined the fiduciary obligations of corporate directors and pension fiduciaries as they relate to climate change. Professor Cynthia A. Williams, Osler Chair in Business Law, Osgoode Hall Law School provided an overview of the Task Force on Climate-related Financial Disclosures, highlighted the potential for liability risks in Canada for misleading or inaccurate disclosures relating to climate change, and surveyed the field of current climate-related litigation.


Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor Nov 2018

Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor

Articles & Book Chapters

This article is based on a paper prepared for the convening of Over the Line: A Conversation about Race, Place, and the Environment, coordinated by In-grid Waldron; it was thus originally delivered in the context of a community of scholars interested and engaged in environmental justice (EJ) as well as anti-racism scholarship and activism. Conversations at the symposium were rich and deep, introducing novel ideas and generating a synergistic energy among those present. While this article builds upon the knowledge, experiences, and perspectives shared at the event, it also aims to introduce a distinct conception of Indigenous environmental justice (IEJ) …


President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler Nov 2018

President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler

Faculty Publications

Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation …


Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick Nov 2018

Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Peacebuilding Through Food Recovery, Angela Hackstadt Nov 2018

Peacebuilding Through Food Recovery, Angela Hackstadt

University Libraries Faculty Scholarship

The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation discusses …


The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu Nov 2018

The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.


Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin Nov 2018

Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Perhaps it is their role in our survival, or our economic growth, or the environment. Whatever the reason, energy and natural resource conflicts seems to be unique in the way they can drive significant doctrinal change even outside of energy and natural resource law. Pennsylvania has been a fountainhead of these conflicts. In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. Mahon. That U.S. Supreme Court decision transformed …


Climate Finance And Transparency In The Paris Agreement - Key Current And Emerging Legal Issues, Patricia Galvao-Ferreira Oct 2018

Climate Finance And Transparency In The Paris Agreement - Key Current And Emerging Legal Issues, Patricia Galvao-Ferreira

Law Publications

The success of the Paris Agreement depends in large measure on the legal and operational details of the “enhanced transparency framework” under article 13, including the transparency framework for climate financial support. The transparency framework for financial support will guide how parties are to report the progress toward meeting their commitments to provide financial support for climate action in developing countries and, where support is received, on its use. Developed countries’ pledge to provide financial support to developing countries was a cornerstone of the compromise that enabled the virtually consensual global adoption of the Paris Agreement in 2015. This financial …


Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law Oct 2018

Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.


Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle Oct 2018

Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …


Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert Oct 2018

Onsite Sewage Systems: Background, Framework, And Solutions, Jamie Huffman, Sarah Simonetti, R. Scott Herbert

Virginia Coastal Policy Center

No abstract provided.


Infrastructural Exclusion And The Fight For The City: Power, Democracy, And The Case Of America's Water Crisis, K. Sabeel Rahman Oct 2018

Infrastructural Exclusion And The Fight For The City: Power, Democracy, And The Case Of America's Water Crisis, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.


How International Oil Companies Could Assist The Republic Of Cyprus To Achieve The Sustainable Development Goals: A Conversation Starter, Andreas Tornaritis, Perrine Toledano Oct 2018

How International Oil Companies Could Assist The Republic Of Cyprus To Achieve The Sustainable Development Goals: A Conversation Starter, Andreas Tornaritis, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

This policy paper is addressed to International Oil Companies (IOCs), public officials and Non-Governmental Organizations (NGOs) involved in the natural gas industry in Cyprus. There is currently no conversation happening in Cyprus on how the oil and gas industry could help Cyprus achieve their Sustainable Development Goals. Therefore, this paper hopes to initiate a debate and conversation around this topic. It provides an overview of the ways in which IOCs operating in Cyprus could contribute towards the sustainable development of the natural gas industry and assist the Republic of Cyprus to achieve a number of their 2030 Sustainable Development Goals …


Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger Oct 2018

Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways in which the costs and benefits of investments are distributed among different actors.

CCSI partnered with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD) to produce a briefing note on agricultural investments under international investment law. The …


The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple Oct 2018

The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple

Utah Law Faculty Scholarship

In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.


Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Jason J. Czarnezki Oct 2018

Life Cycle Costing And Food Systems: Concepts, Trends, And Challenges Of Impact Valuation, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as …


Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle Oct 2018

Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle

Faculty Publications

Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …


Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn Oct 2018

Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn

Research Collection Yong Pung How School Of Law

Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …


Environmental Protection Requires More Than Social Resilience, Michael P. Vandenbergh Oct 2018

Environmental Protection Requires More Than Social Resilience, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Achieving the green economy requires taking into account divisive politics and distributive justice.


How Environmental Lawyers Cope With Challenges In Nonprofit Legal Centers, Rachel R. Cohen Oct 2018

How Environmental Lawyers Cope With Challenges In Nonprofit Legal Centers, Rachel R. Cohen

Independent Study Project (ISP) Collection

Amidst our environmental crisis, environmental lawyers at nonprofit legal centers (NPLCs) play an important role in advocating for, revising, and enforcing the environmental laws which shape human behavior as it relates to environmental health. With a goal of protecting the environment and public interest through the law, these lawyers deal with few resources and personal environmental concerns in addition to all the common challenges of lawyering such as long hours and general stress. Due to their unique position in protecting the future of our environment’s health, it is essential that environmental lawyers at NPLCs can sustain their motivations to do …


Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law Sep 2018

Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its Draft Fourth Five Year Review. (52 pages)


Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law Sep 2018

Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Response from the CA Department of Public Health related to its testing for hazardous materials left at Parcel A.


The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy Sep 2018

The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy

GGU Law Review Blog

President Trump attempts to reduce the size of Bears Ears National Monument.