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2019

Climate change

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Full-Text Articles in Law

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan Nov 2019

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …


The European Union Perspective On Cultural Heritage And Climate Change Issues, Maria Kenig-Witkowska Oct 2019

The European Union Perspective On Cultural Heritage And Climate Change Issues, Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

The paper examines the European Union perspective on the cultural heritage and climate change issues. It starts with drawing up the international law approach to the subject. Whereas the studies on impact of climate change on human environment have become fundamental research in various fields of science, the international community has not yet carried on any serious discussion on the issue of the protection of the cultural heritage in this context. In the first part of this paper the cultural heritage and climate change issues will be discussed from two perspectives - the 1972 World Heritage Convention, and the 1992 …


Establishing Climate Change Standing: A New Approach, Ian R. Curry Sep 2019

Establishing Climate Change Standing: A New Approach, Ian R. Curry

Pace Environmental Law Review

Climate change is one of the thorniest political, legal, and economic issues of our time. Therefore, a new legal approach to the issue is required. This Note proposes a streamlined approach for climate change standing, one that assumes injury in fact and causation for a class of discernible climate change harms. A streamlined approach will enable litigants harmed by climate change to seek redress in court, providing an outlet for redress where there has previously been none. Part II of this Note discusses the constitutional doctrine of standing. It begins with a summary of Article III and the logic behind …


Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac Aug 2019

Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac

University of Miami Race & Social Justice Law Review

No abstract provided.


Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon Jul 2019

Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon

Georgia Journal of International & Comparative Law

No abstract provided.


The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins Jun 2019

The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins

Journal of Food Law & Policy

The world’s farms currently produce enough calories to adequately feed everyone on the planet. From the 1960s through 2008, per capita food availability worldwide has risen from 2220 kilocalories per person per day to 2790. Specifically, developing countries have recorded a rise in kilocalories per person per day, from 1850 to 2640. Yet, despite overall availability, around 815 million people still suffer from hunger or some form of malnutrition. Approximately one in ten people are undernourished.


Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph Jun 2019

Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

Ocean and Coastal Law Journal

This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 interviews …


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph May 2019

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.


Juliana V. United States, Daniel Brister May 2019

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to the …


The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl May 2019

The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl

Utah Law Review

It is incredibly difficult to imagine an event the likes of which humans have never seen before. That, in and of itself, renders the challenge to prepare for such an event even more difficult because there is no frame of reference pushing us to act. How do you prepare to avoid something which has never occurred in the history of human occupation? That is the challenge of climate change.

I argue that the Subprime Mortgage Crisis and its aftermath parallel the Climate Crisis in critical ways that should inform our tactics. Of course, there are obvious critical differences as well. …


Sunny And Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters And Their Neighbors, Joshua B. Landis Apr 2019

Sunny And Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters And Their Neighbors, Joshua B. Landis

Vanderbilt Law Review

In an effort to ameliorate the effects of climate change, state and local governments have made increasingly large commitments to support solar energy adoption. For solar investments to be successful, however, solar adopters require unobstructed access to sunlight, which is directly at odds with the interests of neighbors and developers who value vertical development, especially in urban centers. To mitigate these looming conflicts, governments have enacted a variety of laws that assign airspace entitlements to either solar adopters or their neighbors. Unfortunately, these solutions are all poorly tailored for dense cities, which is where future airspace conflict is likely to …


Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry Ii Mar 2019

Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry Ii

Texas A&M Law Review

With the data showing that hurricanes are the most likely and serious of all of these disasters, we return to Hurricane Harvey. No one living in Texas—especially in the cities of Houston, Port Arthur, Bridge City, Rockport, Wharton, Conroe, Port Aransas, and Victoria, or more generally in the counties of Harris, Aransas, Nueces, Jefferson, Orange, Victoria, Calhoun, Matagorda, Brazoria, Galveston, Fort Bend, Montgomery, and Wharton—needs to be told that the U.S. needs a better approach to managing hurricane and other natural disaster risk, both in terms of pre-disaster planning and post-disaster recovery. Texans are not alone, as survivors of Hurricanes …


Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder Feb 2019

Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder

Pace Environmental Law Review

Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate …


State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger Feb 2019

State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger

Pace Environmental Law Review

This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence …


Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas Feb 2019

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs’ …


A Catholic Response To Global Climate Change Migration, Michael S. Talbot Jan 2019

A Catholic Response To Global Climate Change Migration, Michael S. Talbot

Notre Dame Journal of International & Comparative Law

This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the expectation …


Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer Jan 2019

Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer

Dalhousie Journal of Legal Studies

This article looks at the impact of anthropogenic climate change and its associated costs in the Canadian context. It begins by outlining how climate change is predicted to alter the Canadian climate before evaluating how this will affect the insurance industry. It determines that insurers’ response to the unpredictable risks and high costs associated with climate change will lead to significant gaps in coverage. How litigation of major carbon polluters could help cover some of the costs associated with climate change by holding polluters accountable is considered. State-led climate litigation can overcome some of the litigation obstacles identified and it …


Using The Wto To Facilitate The Paris Agreement: A Tripartite Approach, Antonia Eliason Jan 2019

Using The Wto To Facilitate The Paris Agreement: A Tripartite Approach, Antonia Eliason

Vanderbilt Journal of Transnational Law

Climate change is the greatest threat humanity has faced, and its challenges can only be addressed through multilateral means. Lacking in accountability and enforcement mechanisms, however, the Paris Agreement requires additional support to achieve its full effect. Although not perfectly aligned with the goals of the Paris Agreement, the WTO's multilateral framework could provide the necessary flexibilities to work toward meeting the Paris Agreement's targets. This Article proposes a novel three-pronged approach for refocusing the multilateral trading system and facilitating the Paris Agreement.

First, the preamble to the Agreement Establishing the World Trade Organization explicitly recognizes sustainable development as a …


Climate Change Refugees In The Time Of Sinking Islands, Jane Steffens Jan 2019

Climate Change Refugees In The Time Of Sinking Islands, Jane Steffens

Vanderbilt Journal of Transnational Law

While environmental migration is not a new phenomenon, the international community has been slow to react to a wildly increasing number of people displaced by climate-related factors. With the current scenario of sinking islands, rapid urbanization, and drought, the international community seems to be on the precipice of a massive humanitarian catastrophe. Even so, lawmakers appear hesitant to fill in the gaps of existing international law, leaving an entire category of people vulnerable and unprotected against the effects of climate change. Private climate-governance initiatives can achieve large-scale, prompt, and efficient solutions to climate-induced migration. While private governance initiatives lack the …


Life Becoming Hazy: The Withdrawal Of The United States From The Paris Agreement And How The Youth Of America Are Challenging It, Anne Ustynoski Jan 2019

Life Becoming Hazy: The Withdrawal Of The United States From The Paris Agreement And How The Youth Of America Are Challenging It, Anne Ustynoski

Catholic University Journal of Law and Technology

This Comment covers the ways in which each presidential administration has viewed the United States’ role and responsibilities in combating climate change. It discusses the ways in which the Clean Air Act has evolved and changed, as well as the ways in which the United States has been involved in environmental protection initiatives undertaken by the United Nations. The Comment also examines the ways in which individual states and groups have taken the initiative to combat climate change. Finally, this Comment discusses alternative approaches to combating climate change. For example, it focuses on how youths in America are arguing that …


Civil Disobedience: A Constitutional Alternative To Injustice, Samuel H.J. Schultz Jan 2019

Civil Disobedience: A Constitutional Alternative To Injustice, Samuel H.J. Schultz

Mitchell Hamline Law Review

No abstract provided.


Strictly Leakage: How Minnesota Export Subsidies Pay For Climate Pollution, Hudson B. Kingston Jan 2019

Strictly Leakage: How Minnesota Export Subsidies Pay For Climate Pollution, Hudson B. Kingston

Mitchell Hamline Law Review

No abstract provided.


The Politics Of Climate Change, John Godfrey Jan 2019

The Politics Of Climate Change, John Godfrey

Canada-United States Law Journal

This after-dinner speech by John Godfrey on March 21, 2019 discusses bilateral and international issues faced by nations addressing the impact of climate change.


An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords Jan 2019

An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords

Touro Law Review

No abstract provided.


Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte Jan 2019

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.