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Full-Text Articles in Law

Climate Change Negotiations And Doha, Qatar, Sophia Sofferman Nov 2014

Climate Change Negotiations And Doha, Qatar, Sophia Sofferman

Pace International Law Review

This comment will focus on the role that the principle of common and differentiated responsibilities plays in global climate negotiations under the United Nations Framework on Climate Change and more recent climate negotiations by the Conference of the Parties. More specifically, this comment will focus on the implications this has for developing and developed countries, namely on China and the United States as the two largest emitters of greenhouse gases in the world, and as developing and developed countries respectively.


Delinking International Environmental Law & Climate Change, Cinnamon Carlarne Oct 2014

Delinking International Environmental Law & Climate Change, Cinnamon Carlarne

Michigan Journal of Environmental & Administrative Law

This Article challenges the existing paradigm in international law that frames global efforts to address climate change as a problem of and for international environmental law. The most recent climate reports tell us that warming is unequivocal and that we are already experiencing the impacts of climate change at the domestic level in the United States. Against this backdrop, much has been written recently in the United States about domestic efforts to address climate change. These efforts are important, but they leave open the question of how the global community can work together to address the greatest collective action problem …


Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong Sep 2014

Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …


Executive Power And Regional Climate Change Agreements, Conor J. Walline Aug 2014

Executive Power And Regional Climate Change Agreements, Conor J. Walline

Pace Environmental Law Review

This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has …


Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos Jun 2014

Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos

Golden Gate University Environmental Law Journal

Over the last ten years, two separate water management planning efforts in California—integrated regional water management and climate change planning—have come together in a way that provides similar lessons to help different interests find common ground for water management solutions. This planning synthesis has resulted in a significant change in the way California now addresses issues of water management.

After a brief background discussion (Part II), Part III of this Article examines the history of the merger of these two initiatives. Part IV explores an approach for water management based on the experience gained from this history. This approach is …


Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson May 2014

Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson

Georgia Journal of International & Comparative Law

No abstract provided.


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein Apr 2014

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and its …


Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy Apr 2014

Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy

Michigan Journal of Environmental & Administrative Law

The following are the prepared remarks delivered at the University of Michigan Law School’s 2013 Environmental Law and Public Health Conference on September 26, 2013.


Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings Jan 2014

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings

Michigan Journal of International Law

In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …


Energy In The Great Lakes Region, Sara L. Seck Jan 2014

Energy In The Great Lakes Region, Sara L. Seck

Canada-United States Law Journal

This article will reflect upon what it might mean to devise an energy strategy for the Great Lakes region in light of our shared responsibility as stewards of a globally significant fresh water resource at a time of increasing water scarcity associated with climate change. The article argues that we must not let short-term economic fears drive our decision-making or risk adopting policies that will prove detrimental to the long-term futures of our children’s children.


Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema Jan 2014

Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema

Vanderbilt Journal of Transnational Law

Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …


Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld Jan 2014

Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld

Animal Law Review

The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …


Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown Jan 2014

Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown

University of Colorado Law Review

This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food. The relationship between climate change and agriculture is a close and complex one, as the …