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Open Access. Powered by Scholars. Published by Universities.®

2014

Environmental Law

University of Washington School of Law

Washington Journal of Environmental Law & Policy

Articles 1 - 6 of 6

Full-Text Articles in Law

Climate Variability, Land Ownership And Migration: Evidence From Thailand About Gender Impacts, Sara R. Curran, Jacqueline Meijer-Irons Jul 2014

Climate Variability, Land Ownership And Migration: Evidence From Thailand About Gender Impacts, Sara R. Curran, Jacqueline Meijer-Irons

Washington Journal of Environmental Law & Policy

Scholars point to climate change, often in the form of more frequent and severe drought, as a potential driver of migration in the developing world, particularly for places where populations rely on agriculture for their livelihoods. To date, however, there have been few large-scale, longitudinal studies that explore the relationship between climate change and migration. This study significantly extends current scholarship by evaluating distinctive effects of climatic variation and models these effects on men’s and women’s responsiveness to drought and rainfall. Our study also investigates how land ownership moderates these effects. We find small, but significant, increases in migration above …


Cercla Apportionment Following Burlington Northern: How Joint And Several Liability Still Thrives—To The Surprise Of Many, Ryan Brady Jul 2014

Cercla Apportionment Following Burlington Northern: How Joint And Several Liability Still Thrives—To The Surprise Of Many, Ryan Brady

Washington Journal of Environmental Law & Policy

Courts have generally held parties who are responsible for hazardous waste jointly and severally liable for that harm under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). On rare occasions, parties have shown a reasonable basis for apportionment of the harm and avoided joint and several liability. However, in 2009, the Supreme Court in Burlington Northern and Santa Fe Railway Co. v. United States upheld an apportionment of harm based on a seemingly lower standard of evidence than courts have required in the past, potentially lowering the burden on parties to obtain apportionment. This article briefly summarizes Burlington Northern …


Climate Change: Disappearing States, Migration, And Challenges For International Law, Sumudu Atapattu Jul 2014

Climate Change: Disappearing States, Migration, And Challenges For International Law, Sumudu Atapattu

Washington Journal of Environmental Law & Policy

This Article discusses two inter-related issues: the legal implications of climate-induced migration and the phenomenon of ‘disappearing states’ through the lens of four case studies, Kivalina, Inuit, the Maldives, and Tuvalu. As early as 1990, the Intergovernmental Panel on Climate Change (IPCC) recognized that the greatest single impact of climate change may be on human migration. With sea level rise, Small Island States face the prospect of losing their territory. The Article discusses the challenges that these two issues pose for international law.


Climate Change, Gender Inequality And Migration In East Africa, Medhanit A. Abebe Jul 2014

Climate Change, Gender Inequality And Migration In East Africa, Medhanit A. Abebe

Washington Journal of Environmental Law & Policy

East Africa, one of the most volatile regions in Africa, has been suffering from enormous problems caused by population growth, weak governance, war, and famine. Recently, the advent of climate change has exacerbated these pre-existing problems. These impacts are not felt equally across populations, and, according to various studies, disproportionately affect women. Despite reforms, rural East African women still struggle to access resources or participate in decision-making processes. As a result, they have a weaker ability to adapt to climate change than men. This weaker adaptive capacity influences migration patterns between the genders, and creates its own set of problems. …


Legal Study On The Climate Change-Induced Migrants In China, Deng Haifeng, Zhao Yumin Jul 2014

Legal Study On The Climate Change-Induced Migrants In China, Deng Haifeng, Zhao Yumin

Washington Journal of Environmental Law & Policy

While climate change is a natural phenomenon, it has also caused a series of social problems for human society. One of the most serious repercussions of climate change is the impact on population movements. As the effects of climate change grow exponentially, the number of climate change-induced migrants will also increase. Climate change-induced migrants are individuals who spontaneously or forcibly migrate temporarily or permanently from their hometowns to other regions under the influence of climate policies or climate-related projects. Climate change, either suddenly or gradually, negatively affected these migrants’ living conditions, making it impossible to survive where they were located. …


Exporting Coal, Importing Pollution: Can The Consumption Of Coal Be Ignored Under Nepa And Sepa Analysis When Burned Overseas?, Ross Taylor Jul 2014

Exporting Coal, Importing Pollution: Can The Consumption Of Coal Be Ignored Under Nepa And Sepa Analysis When Burned Overseas?, Ross Taylor

Washington Journal of Environmental Law & Policy

The Millennium Bulk Terminal in Longview, Washington, is one of several proposed locations along the west coast of the United States for a large export facility, which would allow large-scale exportation of domestic coal to Asia. The Millennium Bulk Terminal proposal has garnered significant opposition, yet attention is only recently turning to the specific concern over greenhouse gas emissions associated with such a project. This concern stems not just from operation of the facility or transportation to and from it but from the possibly damaging amount of emissions that would result from the coal’s ultimate consumption in Asia. Implicated by …