Environmental Law Commons^™

Decarbonization Pathways For Paraguay’S Energy Sector, Columbia Center On Sustainable Investment, Quadracci Sustainable Engineering Lab, Centro De Recursos Naturales, Energía Y Desarrollo (Crece)

Columbia Center on Sustainable Investment Staff Publications

In light of the upcoming renegotiation of Annex C of the Treaty of Itaipú, the Ministry of Finance of Paraguay asked Professor Jeffrey Sachs and his team to revisit the 2013 report, with support from the Development Bank of Latin America (Banco de Desarrollo de América Latina [CAF]) and in partnership with the Sustainable Development Solutions Network (SDSN).

CCSI, the Quadracci Sustainable Engineering Lab at Columbia University, and the Centro de Recursos Naturales, Energía y Desarrollo (CRECE) authored the report Decarbonization Pathways for Paraguay’s Energy Sector, published by CCSI in November 2021.

The report – available in English …

Regulating New Fossil-Fuel Appliances Under Section 111(B) Of The Clean Air Act, Jack Lienke, Rachel Rothschild, Henry Engelstein, Nardos Girma

Other Publications

The majority of residential and commercial buildings use appliances powered with fossil fuels for space and/or water heating. Collectively, these appliances—most of which run on natural gas—emit substantial quantities of a variety of harmful air pollutants, including particulate matter, nitrogen oxides (“NOx”), and carbon dioxide. Fossil-fuel appliances in the U.S. emitted over 425,000 tons of NOx in 2017—almost three times the amount attributable to gas-fired power plants in that year. And fossil-fuel combustion in residential and commercial buildings accounted for almost 10% of the nation’s greenhouse gas emissions in 2019—only slightly less than gas power plants. Yet while the U.S. …

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

Offshore Wind Development In The Great Lakes: Accessing Untapped Energy Potential Through International And Interstate Agreement To Overcome Public Trust Concerns, Jordan Farrell

Northwestern Journal of International Law & Business

Offshore wind energy development in the Great Lakes presents an immense opportunity for distributed generation of renewable energy; however, this potential has thus far remained untapped. One significant barrier to why there has not yet been such wind energy development in the Great Lakes is the public trust doctrine. This doctrine generally stands for the principle that a state cannot convey its submerged lands to a private party. However, there remains much legal uncertainty with regards to the doctrine. Courts and scholars have struggled to determine with any certainty the origins and grounding of the doctrine and the limits it …

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …

Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

The Role Of International Law In The Food–Energy–Water Nexus, Waseem Ahmad Qureshi

Buffalo Environmental Law Journal

The current relationship of water, food, and energy is deeply entangled as it functions within different sectors, such as industry and agriculture, the latter of which water is essential for irrigating crops. Similarly, adequate water storage facilities are also required for hydroelectricity generation. Moreover, in many regions, electrical energy is used to operate tube wells for extracting groundwater to irrigate crops for food. Within the intricate nature of the mutual relationship of water, energy, and food, each plays its role in ensuring the security of the others. For instance, both energy security and food security are dependent upon water security, …

Five Years After The Adoption Of The Paris Agreement, Are Climate Change Considerations Reflected In Mining Contracts?, Tehtena Mebratu-Tsegaye, Perrine Toledano, Martin Dietrich Brauch, Mara Greenberg

Columbia Center on Sustainable Investment Staff Publications

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual provisions. This CCSI paper explores whether governments are using, and how they can use, investor–state mining contracts to advance climate goals. We synthesize our findings and recommendations for six categories of provisions: integrating renewable energy into mining products, reducing deforestation, requiring a climate risk assessment and community vulnerability assessment, regulating water use, requiring tailings dam design justifications, and integrating climate risks into closure …

Legal History Repeats Itself On Climate Change: The Commerce Clause And Renewable Energy, Steven Ferrey

Suffolk University Law School Faculty Works

Discrimination and power: Federal courts found that some state renewable power laws violate the U.S. Constitution Commerce Clause by discriminating against out-of-state renewable energy. At stake is climate change and the near-term future of the Planet. After warned almost a decade ago about their Constitutional violation, which states conformed their laws as the Earth has warmed? This article analyzes which of 22 U.S. states flagged as to having potentially unconstitutional discriminatory renewable energy laws a decade ago have conformed their discriminatory renewable energy laws and which have allowed legal history to repeat itself?
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Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.

Preventing Wind Waste, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The United States has vast offshore wind resources—nearly double the total electricity consumption of the country—ideally located in close proximity to the largest population centers. This abundance has remained stubbornly untapped for over a decade, without a single commercial scale wind project built in federal waters as of early 2021. In contrast to obstruction by the Trump administration, President Biden, in his first days in office, singled out offshore wind development as one of his priorities for tackling the climate crisis. As a result, the United States may soon see an offshore wind rush. Onshore, the United States is a …

Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault

Buffalo Law Review

In the era of metal straws, reusable grocery bags, and glass water bottles, there is no doubt society is becoming more and more environmentally conscious. This ecological ethos has manifested itself inhuge policy shifts away from traditional fossil fuel energy and toward renewable energy, such as wind and solar power. Lawmakers throughoutthe world are making agreements and commitments aimed at decreasingreliance on fossil fuels. In the United States, New York State has taken a leading role in the quest toward renewable energy. With New York State’s ambitious climate goals, though, have come serious encroachments on powers traditionally held by local …

Hydrofluorocarbons, Leaky Car Air Conditioners, And Revoked Waivers: The Question Of State-Level Regulation Of Climate Change In The Trump Era, Connor Hilbie

Pace Environmental Law Review

No abstract provided.

Ancestral Comprehensions For A Policy For The Future Of The Earth: The Narrative Of The South American Andes In The Face Of The Global Climate Crisis, Erick Pajares G., Eduardo Calvo B., Jorge Iván Palacio P., Juan José Munar M., Carlos Loret De Mola, Darío Espinoza M., Yuri Godoy P., Gustavo Mora R.

Pace Environmental Law Review

No abstract provided.

Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage

Pace Environmental Law Review

No abstract provided.

Exploring Climate Framework Laws And The Future Of Climate Action, Jennifer Huang

Pace Environmental Law Review

Every country in the world now has at least one law or policy to address climate change; these laws vary widely in type, scope, and ambition. Although scholarship on the many types and levels of effectiveness of enacted climate legislation is still growing, legal experts are taking note of a recent trend in the adoption of formal climate legislation that is economy-wide or cross-sectoral in scope, sets out both a broad and long-term direction for climate policy, and ensures some measure of accountability for the executive branch. In the absence of a commonly agreed definition, this article will loosely define …

An Instrumental Perspective On Power-To-Gas, Hydrogen, And A Spotlight On New York’S Emerging Climate And Energy Policy, Tade Oyewunmi

Pace Environmental Law Review

No abstract provided.

The Carbon Storage Future Of Public Lands, Tara Righetti, Jesse Richardson, Kris Koski, Sam Taylor

Pace Environmental Law Review

To meet the climate and energy goals set forth by the Biden Administration and the Paris Agreement, the United States must dramatically reduce carbon emissions. Use of public lands for carbon dioxide removal activities, including carbon capture, utilization, and storage (CCUS), has the potential to advance carbon reduction goals and concurrently provide economic revitalization opportunities to communities dependent on fossil industries. Current federal law presents numerous challenges and opportunities associated with utilization of federal pore space for CCUS. Although federal grant programs and tax incentives encourage deployment of CCUS technologies, legal and land-management issues related to public lands have received …

Climate Change, Competition & Conflict Along The River Nile: The Great Ethiopian Renaissance Dam & Shifting Customary International Water Law, Salma Shitia

Fordham Environmental Law Review

Decade-long negotiations between the Arab Republic of Egypt and the Federal Democratic Republic of Ethiopia surround the decision to build the hydroelectric power plant along the River Nile. For much of Ethiopia, the Grand Ethiopian Renaissance Dam represents a beacon of prosperity. For countless Egyptians, the structure embodies a potential catastrophe. Grounded in threats of displacement for Egyptian agricultural communities, some have compared the Grand Ethiopian Renaissance Dam crisis to disasters culminating in mass migration.

This battle for natural resource access has intensified as climate change exacerbates the region’s dire conditions. Specifically, exhaustible resource allocation amid climate change indicates that …

A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao

Fordham Environmental Law Review

In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …

The Yoga Analogy: Scaling-Up The U.S.’S Renewable Energy Sector Mindfully With New Technologies, Evolving Standards, Public Buy-In, Data Sharing, And Innovation Clusters, Kimberly E. Diamond

Fordham Environmental Law Review

This paper focuses on innovative renewable energy devices, exploring how scientifically-based industry standards that continuously evolve with engineering design technology, the public’s buy-in and feeling of connectedness with groundbreaking devices, and innovation clusters that accelerate device development through data sharing and public-private partnerships can all help advance the U.S.’s domestic renewable energy industry.

Part I analyzes challenges inherent to scaling- up novel renewable energy technologies while simultaneously developing the industry standards regulating them. Part II uses the Block Island Wind Farm, an offshore wind demonstration project, and Pavegen’s globally-deployed arrays of piezoelectric smart flooring tiles as examples illustrating the importance …