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Articles 1 - 22 of 22
Full-Text Articles in Law
Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich
Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich
LSU Journal of Energy Law and Resources
Policymaking to combat climate change has been almost nonexistent despite the scientific community’s consensus that the time to act is now. Regardless, climate change remains a volatile political issue that divides our nation and its legislators. Advocates of reducing carbon emissions have traditionally endorsed several tools available to policymakers and administrative agencies in order to curb climate change: rulemaking under the Clean Air Act, capand-trade, and carbon taxes. Carbon tax legislation has gained traction after endorsements from both sides of the political aisle, and because it could be used to raise funds to reduce the United States’ deficit. Even policymakers …
Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison
Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison
University of Miami Law Review
No abstract provided.
Adaptation And The Courtroom: Judging Climate Science, Kirsten Engel, Jonathan Overpeck
Adaptation And The Courtroom: Judging Climate Science, Kirsten Engel, Jonathan Overpeck
Michigan Journal of Environmental & Administrative Law
Climate science is increasingly showing up in courtroom disputes over the duty to adapt to climate change. While judges play a critical role in evaluating scientific evidence, they are not apt to be familiar with the basic methods of climate science nor with the role played by peer review, publication, and training of climate scientists. This Article is an attempt to educate the bench and the bar on the basics of the discipline of climate science, which we contend is a distinct scientific discipline. We propose a series of principles to guide a judge’s evaluation of the reliability and weight …
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
Michigan Journal of Environmental & Administrative Law
Global climate change has emerged as one of the greatest challenges of our time. While action has stalled on the national stage, states have started to take action to reduce their greenhouse gas emissions. Confronted with the risk of severe impacts that could cost it tens of billions of dollars annually by the end of the century, California has taken the lead and developed the first comprehensive cap-and-trade program in the nation and seeks to achieve significant reductions in the greenhouse gas emissions associated with its economy. The success of California’s program will determine whether other states and the federal …
A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez
A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is an inevitable consequence of human greenhouse gas emissions. Without substantial changes in anthropogenic causes of climate change, there will be severe negative impacts on our planet. Complete abolition of greenhouse gas emissions, however, is not possible, nor will it necessarily stop the negative impacts of climate change. Therefore, substantial research must be done in geoengineering to understand better how we can positively act to avert significant climate change. Given the practical difficulties and potential effects, there must be comprehensive oversight. Currently, differing national laws makes this difficult. Additionally the United States laws do not properly cover climate …
The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott
The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott
Michigan Journal of Environmental & Administrative Law
California’s Low Carbon Fuel Standard (LCFS), enacted as part of the State’s pioneering Global Warming Solutions Act (AB 32), purports to regulate the amount of carbon emissions associated with fuels consumed in the state. Part of this scheme involves assigning numeric scores to vehicle fuels reflecting the amount of carbon emissions associated with their production, transportation, and use. The scores are part of a “cap-and-trade” scheme to lower the state’s total amount of carbon emissions associated with fuel use. Out-of-state industry groups brought a challenge in the United States District Court for the Eastern District of California, alleging that the …
Lawyers Write Treaties, Engineers Build Dikes, Gods Of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, And Resilient In A Time Of Global Climate Chanage, Glen Hearns, Richard Kyle Paisley
Lawyers Write Treaties, Engineers Build Dikes, Gods Of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, And Resilient In A Time Of Global Climate Chanage, Glen Hearns, Richard Kyle Paisley
Golden Gate University Environmental Law Journal
This Article identifies and critically reviews the importance of adaptability and flexibility in treaties and institutional arrangements by providing resilience in the face of the anticipated impact of climate change on the good governance of international waters. Building greater resilience and adaptability into international waters agreements is essential to address the uncertainties in hydrological and ocean processes associated with climate change. There is also growing consensus that conflict over natural resources can be linked to extreme events and climate change, and this is receiving increased attention in foreign policy development. Surface water resources are especially vulnerable to the anticipated consequences …
Seven Principles For Equitable Adaptation, Alice Kaswan
Seven Principles For Equitable Adaptation, Alice Kaswan
Sustainable Development Law & Policy
No abstract provided.
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber
Vanderbilt Law Review
In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …
South Africa's Electricity Crisis: The Need To Reconcile Environmental Policy Decisions With International Treaties, Brittany D. Botterill
South Africa's Electricity Crisis: The Need To Reconcile Environmental Policy Decisions With International Treaties, Brittany D. Botterill
San Diego Journal of Climate & Energy Law
This Comment examines whether South Africa’s treaty obligations conflict with the requirement of the country’s government to provide electricity to a burgeoning home-owning population. Section II introduces Eskom, South Africa’s largest utility company, which produces most of the electricity used in South Africa and surrounding countries. Section III discusses South Africa’s role in the Southern Africa Power Pool and the additional obligations this membership places on the country. Section IV then examines the controversial loan that South Africa received from the World Bank to assist in building the Medupi coal-fired power plant. Section V illustrates South Africa’s climate change obligations …
Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi
Mainstreaming Climate Change Into Public Policy Functions: Legal Options To Reinforce Sustainable Development Of Kenya, Robert Kibugi
Florida A & M University Law Review
No abstract provided.
Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne
Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne
Florida A & M University Law Review
No abstract provided.
A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera
A Future Submerged: Implications Of Sea Level Rise For South Florida, Giselle Peruyera
Florida A & M University Law Review
No abstract provided.
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
American Indian Law Review
No abstract provided.
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Arctic Ice Melt: Emerging Resources, Emerging Issues, The, Thomas Au, Theodore Parran Iii, Jessica Rubin, Jonathan Slomski
Canada-United States Law Journal
No abstract provided.
Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii
Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii
Florida A & M University Law Review
No abstract provided.
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr.
Some Legal Impacts Of The Emerging International Climate Change Regime On Energy Prices, James E. Hickey Jr.
Global Business Law Review
From the beginning of scientific assessment of climate change in the late 1970’s to the most recent conference of the parties (COP) to the Kyoto Protocol in Doha in 2012 , the international community has been attempting to establish a workable legal regime to deal with climate change. The purpose of this article is to explore some of the legal effects this emerging international climate change regime may have on energy prices in the foreseeable future. Specifically, this article in section II article accepts certain predicates relating to climate change and energy prices. In section III, it lays out briefly …
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
International Law In The Anthropocene: Responding To The Geoengineering Challenge, Karen N. Scott
Michigan Journal of International Law
From The Odyssey to The Tempest and beyond, the control and deliberate manipulation of the weather constitutes an enduring and universal theme in myth and literature. In the twenty-first century, it is scientists and engineers rather than authors and artists who dream of weather and climate control, and their story, as described by James Rodger Fleming, "is not, in essence, a heroic saga about new scientific discoveries that can save the planet, as many of the participants claim, but a tragicomedy of overreaching, hubris, and self-delusion." This notwithstanding, the argument that we should deliberately manipulate earth systems and natural processes …
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim
Canada-United States Law Journal
No abstract provided.
A Just And Healthy Future For The 100 Percent, Bill Hedden
A Just And Healthy Future For The 100 Percent, Bill Hedden
University of Colorado Law Review
No abstract provided.
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
University of Colorado Law Review
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship between energy and water. Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process including pumping, treating, and end uses. While much has been written recently on the numeric relationship between these sectors, little has been proposed from …