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Full-Text Articles in Law

Energy Justice And Renewable Rikers, Rebecca Bratspies Jan 2024

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …


Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein Jan 2024

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …


Rising Tide: The Second Wave Of Climate Torts, Maximillian Scott Matiauda May 2023

Rising Tide: The Second Wave Of Climate Torts, Maximillian Scott Matiauda

University of Miami International and Comparative Law Review

Fossil fuels and tobacco products share startling similarities. Both enjoy ubiquity, enable their users to keep pace with the ever-increasing demands of civilization, and choke the life out of those who partake and those who merely look on. The comparison extends to legal battles against their respective industries, as evidenced by a new wave of tort litigation in the federal courts of the United States. In a time where climate change was still establishing consensus, states took up the charge against tobacco companies who had successfully defended against private lawsuits over the deleterious health effects of tobacco. Those suits culminated …


Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez May 2021

Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez

University of Miami Inter-American Law Review

No abstract provided.


Climate-Induced Human Displacement And Conservation Lands, Jessica Owley Jan 2021

Climate-Induced Human Displacement And Conservation Lands, Jessica Owley

Articles

As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …


A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton Jan 2021

A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton

Articles

There is a growing need for integrated approaches that align community priorities with strategies that build resilience to climate hazards, societal shocks, and economic crises to ensure more equitable and sustainable outcomes. We anticipate that adaptive management and resilience learning are central elements for these approaches. In this paper, we describe an approach to build and test a Resilience Learning System to support research and implementation of a resilience strategy developed for the Greater Miami and the Beaches or the Resilient305 Strategy. Elements foundational to the design of this integrated research strategy and replicable Resilience Learning System are: (1) strong …


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.


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’ …


One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney May 2018

One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney

University of Miami Inter-American Law Review

No abstract provided.


Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard Mar 2018

Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard

University of Miami Law Review

At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …


Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson Mar 2018

Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson

University of Miami Law Review

This Article explores the uneasy interaction between climate change and democracy, particularly liberal democracy. Its central claim is that climate change and other problems of the Anthropocene—this new epoch into which no earthly entity, process, or system escapes the reach and influence of human activity—expose and exacerbate existing vulnerabilities in democratic theory and practice, particularly in their currently dominant liberal form; and that both democracies’ failures and their most promising attempts at managing these problems expose democracies to significant legitimacy challenges.


Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley Jan 2018

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

Articles

No abstract provided.


Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks Jan 2018

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks

Articles

No abstract provided.


Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann Jan 2017

Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann

Articles

This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.

But renewable portfolio standards, feed-in tariffs, and …


Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox Feb 2016

Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox

University of Miami Inter-American Law Review

Aquatic invasive species are marine, estuarine, or freshwater organisms that adversely impact ecosystems they are not native to. Such impacts include long-lasting or permanent damage to habitats, ecosystem balance, and biodiversity. These impacts have a cascading effect on local economies dependent on these natural resources by impeding recreational and commercial activities. Moreover, aquatic invasive species control and management is both complex and challenging due to the lack of physical barriers in aquatic environments to abate or contain the spread of these nuisance species. The Wider Caribbean Region has been notably impacted by the introduction of the non-native lionfish (Pterois volitans) …


Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley Jan 2016

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Articles

Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …


Green Go! - The Military's Sustainability Mission, Felix Mormann Jan 2014

Green Go! - The Military's Sustainability Mission, Felix Mormann

Articles

No abstract provided.


Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann Jan 2014

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann

Articles

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America's energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewable energy. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to promote renewable energy more cost-effectively through capital markets and crowdfunding.

Federal support for renewable energy today comes primarily in the form of accelerated depreciation and, critically, tax credits. Empirical evidence reveals that only a fraction of …


Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine Jan 2014

Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine

Articles

No abstract provided.


Rent A Reef? How The Privatization Of Florida Coral Reefs May Advance Local Conservation Efforts, Natalie Harrison Oct 2013

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.


The Increasing Privatization Of Environmental Permitting, Jessica Owley Jan 2013

The Increasing Privatization Of Environmental Permitting, Jessica Owley

Articles

No abstract provided.


Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Jan 2011

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.


Conservation Easements At The Climate Change Crossroads, Jessica Owley Jan 2011

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Articles

No abstract provided.


Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley Jan 2011

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Articles

No abstract provided.