Environmental Law Commons^™

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn

Scholarly Works

Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.

Rethinking Environmental Disclosure, Annie Brett

UF Law Faculty Publications

Twenty years ago, legal scholars and regulators alike were convinced that information-forcing regulations heralded a new era in environmental law. Coming off the success of the Toxics Release Inventory (TRI), which seemed to decrease toxic chemical pollution solely by forcing industry to disclose if they released certain chemicals, many called information regulation the third wave of environmental law. New information disclosure policies were enacted and old policies reinvigorated, leading to a plethora of information-based regulations throughout environmental law. Now, twenty years later, the emergence of big data and artificial intelligence (AI) approaches to environmental analysis have only further increased the …

Pricing, Decarbonization, And Green New Deals, David M. Driesen, Michael A. Mehling

William & Mary Environmental Law and Policy Review

This Article evaluates an emerging literature claiming that carbon pricing (emissions trading or carbon taxes) has not performed very well and therefore cannot be the basis for the sort of transformative change now required to address the climate crisis. This is an important claim, as carbon pricing has been viewed as being at the heart of global efforts to address one of our most important contemporary problems.

We provide theoretical and empirical support for these critics’ claim that carbon pricing by itself cannot catalyze the technological transformation now required, and that other approaches have done and will likely do better. …

Climate Risk, Insurance Retreat, And State Response, Mark P. Nevitt, Michael Pappas

Faculty Articles

Climate change is fundamentally destabilizing the private insurance industry, with many high-profile insurance companies exiting states in the face of catastrophic, climate-­induced risk. This rapid "insurance retreat" represents a major market signal in response to climate-exacerbated risks. Private businesses are making actuarial decisions, assessing that some locations are just too vulnerable to insure. At the same time, this insurance retreat also poses a policy challenge for states as they react to the mounting insurance gaps left by exiting private insurers.

This Article analyzes insurance retreat, its attendant policy challenges, and the lessons that can be drawn from state responses. It …

Climatizing National Security, Mark P. Nevitt

Faculty Articles

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

Three Essays On Energy Related To State Policies And Low Carbon Transitions, Pinky Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation consists of three essays on energy-related state policies and energy transition. Each paragraph below refers to the three abstracts for the three chapters in this dissertation, respectively.

The first essay is entitled: “Impacts of State Tax and Resource Ownership Policies on Extraction: Evidence from U.S. Natural Gas Production”. The innovation of combined use of horizontal drilling and hydraulic fracturing technologies during the 2000s has allowed natural gas producers in the United States to extract natural gas and liquids from deep shale formations in a cost-efficient manner. This essay evaluates whether unconventional gas production responds to tax changes, and …

Law And Literature In Pennsylvania: A Changing Landscape, Juliette Gaggini

Honors Theses

This thesis examines themes of American national identity perpetuated in Pennsylvania surrounding private property through historical, literary and legal analysis. Ideals of private property and land ownership are broken into three transitions throughout Pennsylvania history: the American frontier and initial land claiming by settlers, mass-deforestation and the introduction of widespread agriculture, and finally industrialization and the introduction of mining and fracking. Each of these transitions highlights the physical changes to the region and how they were influenced by American ideals of private property, productivity, and profitability.

Throughout this thesis, I analyze both literary and legal texts to examine societal beliefs …

Water Challenges At The U.S.-Mexico Border: Learning From Community And Expert Voices, Kyle Haines, Owen Temby, Josiah Heyman, Mya J. Brown, Fonna Forman, Christopher Fuller, Dongkyu Kim, Alex S. Mayer, Alexis Racelis

Political Science Faculty Publications

We discuss the results of a multi-dimensional learning process (expert surveys, community workshops) addressing water challenges at the U.S.-Mexico border. The grand institutional and political framework of the international border, and the tensions and gaps in it, dominates the water literature and expert concerns. However, social inequality and spatial and temporal diversity on both sides of the border emerge as important considerations from community input. Our goal is to make planning for regional water sustainability more comprehensive, both spatially and temporally, and more community responsive in a context of important divisions and inequalities. This is because the “sustainability” frame, as …

The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock

CMC Senior Theses

This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …

Local Visions For Patagonia: Drivers And Dynamics Of Collaborative Environmental Governance In Aysén, Chile, Zachary J. Hummel

Graduate Student Theses, Dissertations, & Professional Papers

Collaborative governance (CG) has emerged as a tool for addressing increasingly complex societal problems by engaging a diverse of set of cross-sector actors in a deliberative process with the aim of realizing consensus-driven outcomes. Emerson et al.’s (2011) Integrated Framework for Collaborative Governance (IFCG) attempts to improve understanding of these arrangements by articulating causal connections between collaborative drivers and dynamics across different contexts. Answering researchers’ call for more empirical support for the IFCG in non-US/European contexts, I used the framework to guide 10 interviews with collaborative governance practitioners in the comanaged marine protected area, AMCP-MU Pitipalena Añihue, located in Aysén, …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Green Is The New Black: Exploring How A Philosophical Approach To The Fashion Industry Will Reduce Its Environmental Impact, Darion A. Gibbs

Student Theses and Dissertations

The fashion industry is the third largest contributor to pollution globally, behind only oil and agriculture. It also accounts for one-fifth of the plastic produced annually. Despite its impact, it is hard to trace accountability. For example, mega-retailers often outsource production to developing countries, without strong structures of accountability for their environmental impact. In addition, companies often claim to be environmentally sustainable, but it is easy to inflate the truth, and entities designed to protect consumers have limited enforcement. In this context, who should be held responsible for the fashion industry’s contribution to climate change?

In response, this thesis delves …

Tunnels As Temples Of 'New Green India': Dominant Narratives Of Himalayan Dam Building, Manshi Asher, Vivek Negi

National Law School Journal

The dramatic unfolding of the Joshimath crisis in Uttarakhand, India, has brought the world’s attention once again to the Himalaya. The contribution of a 520-megawatt hydropower dam to land subsidence is squarely in the spotlight. River valleys with bumper-to-bumper hydropower dam building, especially in the North Western Himalaya, in the past decade and a half or so, have witnessed frequent slope de-stabilisation, landslides and seepages. Unlike the visible dispossession of rural—often adivasi and dalit— populations in reservoir based dam affected areas, even establishing and ‘scientifically’ correlating cascading hazards with human impacts of the ‘invisible’ activity of run-of-the-river dams in the …

Development, Voice, And Vulnerability: A Rhetorical Analysis Of The Policy-Making Discourse Regarding The Paris Agreement As An Organizational Response To Climate Change, David Almanza-Canas

UNLV Theses, Dissertations, Professional Papers, and Capstones

On December 12, 2015, the Paris Agreement was officially ratified by 196 sovereign entities. This treaty represents a global call to action to ameliorate the impact of human activities on our environment, and it creates a means of cooperation through financial support and transparent industrial practices with the goal of promoting accountability across the world. This treaty and the discourse surrounding it present fertile ground for the academic understanding of persuasive practices in policy-making. By examining the rhetorical implications of the Paris Agreement as a global policy, scholars can gain new insight about the communities represented in the conversation as …

Beyond Corporate Greenwashing: Discourse Of A 'Just' Electric Energy Transition Materialized At The Thacker Pass Lithium Mine, Laekyn Kelley

UNLV Theses, Dissertations, Professional Papers, and Capstones

Thacker Pass in Northern Nevada is a rich desert ecosystem with spiritual significance to local Indigenous peoples, and it is also the site for what will be, for now, the United States’ largest open-pit lithium mine. Lithium is one mineral constituent of electric batteries which are essential to current U.S. electric energy transition policy, a transition which policymakers and other public groups have called on to be done in a way which is just. However, what exactly a just electric energy transition looks like in places like Thacker Pass is under continued negotiation in theoretical and practical senses. Existing research …

The Legal Case For Equity In Local Climate Action Planning, Amy E. Turner

Sabin Center for Climate Change Law

Over the last half decade, local climate action plans have regularly come to incorporate considerations of racial and socioeconomic equity, recognizing the ways in which low-income communities and communities of color experience earlier and worse consequences from global warming, and these communities are also at risk of being harmed by policies meant to address climate change. Until now, however, the discourse on equity in climate action planning has largely pertained to policy; it acknowledges the disproportionate harm that certain communities experience as a result of climate change and policies to address climate change, and suggests policy tools that can address …

Regulating Co2 Emissions Post-West Virginia V. Environmental Protection Agency, Rebecca J. Davis, Justin Blount

William & Mary Environmental Law and Policy Review

In West Virginia v. Environmental Protection Agency, the Supreme Court expressly adopted the major questions doctrine and used it to invalidate the Clean Power Plan, a rule intended to reduce carbon dioxide emissions from power plants. This opinion has been controversial and has left many commentators concerned that it may hamper the ability of administrative agencies to aggressively and flexibly regulate.

This Article analyzes this opinion and the impact it may have on ongoing efforts to regulate carbon dioxide emissions at the federal level. It then examines economic theory underpinning environmental regulation, developing technologies to reduce carbon dioxide emissions, …

A Seat At Whose Table? Analyzing Detroit’S Community Benefit Ordinance As A Tool For Environmental Justice, Sarah Draughn Gargaro

Michigan Journal of Environmental & Administrative Law

The Environmental Protection Agency defines environmental justice as the “just treatment and meaningful involvement” of all people in the decisionmaking that affects the environment and human health. Since the origins of the modern American environmental justice movement in the 1980s, activists have emphasized the importance of self-determination. Environmental justice requires that decision making processes center the voices of the individuals impacted by decisions made about the distributions of environmental assets and harms. There is a significant challenge, however, in designing community engagement practices that meaningfully involve community members. Since the 1990s, community benefits agreements have been heralded as an effective …

Criminalization Of Community-Based Ecotourism (Cbet) In Indonesia: The Cases Of Pari Island, Kepulauan Seribu, Janthi Dharma Shanty, Bono Budi Priambodo

Journal of Indonesian Tourism and Policy Studies

Pari islanders have revamped their island into cultural ecotourism destination since 2010. It has been successful because the activities have diverted the islanders’ dependence on the hard-pressed local coastal and fisheries resources and supplemented their income. This is a win-win situation the Indonesian government seeks to create with the 2007 Coastal Zone and Small Islands Management Law where natural conservation benefits local populace economically. The Law stipulates, among others, that community participation is one of the integrated coastal zone management principles. The Law also prioritizes coastal zones for conservation and tourism activities. Pari islanders thus have already implemented the imperatives …

Federal Agency Perspectives And Funding Opportunities For Weed And Invasive Plant Research, Stephen L. Young, James J. Kells, Vijay K. Nandula

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Weeds and invasive plants know no borders and have collectively impacted many ecosystems worldwide, including croplands, forests, grasslands, rangelands, wetlands, and riparian areas. Losses continue to mount, affecting yield and productivity, species diversity, and ecosystem services, with both short- and long-term repercussions on the sustainability of plant and animal communities and the livelihoods of many. New and emerging invasive plants, along with many of the most intractable weeds, have undermined even the best control efforts, serving as a reminder of the constant need for improvements in science, application, and technology. One of the main reasons for the success of weeds …

Harmonizing Product-Level Ghg Accounting For Steel And Aluminum, John Biberman, Gyunbae Joe, Perrine Toledano

Columbia Center on Sustainable Investment

Greenhouse gas (GHG) accounting methods for steel and aluminum products have begun converging towards common standards within their respective industries in recent years. However, accounting methods for steel products and aluminum products are still not fully comparable with each other. If emissions are measured and allocated differently for these products, then these accounting differences have the potential to influence materials choices for manufacturers concerned about reducing their reported GHG footprint. Companies could therefore be motivated to make a choice between aluminum and steel according to emissions benefits that materialize from differences in accounting frameworks, but which do not actually exist …

Finance For Zero: Redefining Financial-Sector Action To Achieve Global Climate Goals, Lisa E. Sachs, Nora Mardirossian, Perrine Toledano

Columbia Center on Sustainable Investment

As of 2023, the financial system is woefully misaligned with the world’s climate goals. Six times the current annual level of investment in non-fossil fuel investments is needed between 2023 and 2030 to stay on a 1.5ºC warming pathway. The ratio of clean-energy lending and equity underwriting by banks relative to fossil fuels needs to reach 4 to 1 by 2030, whereas for 1,142 assessed banks, the ratio was between 0.8 and 1 at the end of 2021.

As providers, underwriters, and fiduciaries of trillions of dollars of capital flows annually, financial institutions (FIs) play a critical role in decarbonizing …

Rebuilding Grid Governance, Joel B. Eisen, Heather E. Payne

BYU Law Review

As climate change sharpens the focus on our electricity systems, there is widespread agreement that the institutions that govern our electric grid must change to realize a clean energy future in the timescale necessary. Scholars are actively debating how grid governance needs to change, but in this Article we demonstrate that current proposals are insufficient because they do not contemplate “rebuilding.” This Article defines “rebuilding” as ending entities tasked with grid governance and creating new ones to take their place. We propose what no one else has: an overarching framework for rebuilding any grid governance institutions.

This Article discusses when …

The Tourism Industry And Plastic Waste Policies - Comparative Perspectives From The Portuguese Experience, Marina Monne De Oliveira, Romulo S.R. Sampaio, Patricia Regina Pinheiro Sampaio

Journal of Comparative Urban Law and Policy

This paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of …

The Intersection Of Urban Heat Islands And The Cdc Social Vulnerability Index In Two Border Cities, Ileana Morales

Open Access Theses & Dissertations

No abstract provided.

Mitigating Peer-To-Peer Housing Impacts: Toward A Rational Nexus P2p Housing Impact Mitigation Strategy, Arthur C. Nelson

Journal of Comparative Urban Law and Policy

Traveler lodging has been around since humans created tribes and certainly since they invented civilization. The internet and the rise of peer-to-peer, short-term housing has accelerated traveler and lodging opportunities. Today, Airbnb alone has nearly three million hosts offering more than seven million listings. This article explores the rise of “peer-to-peer,” or P2P housing, and offers economic, planning, and public policy perspectives.

Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky Jacobs

Journal of Comparative Urban Law and Policy

According to the Food and Agriculture Organization of the United Nations, one-third of all food produced for human consumption, approximately 1.3 billion tons per year, is wasted or lost globally. Data as of March 1, 2020 indicates that Europe produces 88 million tons of food waste annually, of which approximately one million tons is food waste from Portugal. Portugal has, and Lisbon in particular has, been a leader on food loss and waste policy issues. This article will detail Portugal’s efforts to reduce food waste as well as other countries efforts.

Introduction, Karen Johnston

Journal of Comparative Urban Law and Policy

This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Lisbon Program.

Enabling A Just Transition: Protecting Human Rights In Renewable Energy Projects: A Briefing For Policymakers, Hansika Agrawal, Laura El-Katiri, Kimathi Muiruri, Sam Szoke-Burke

Columbia Center on Sustainable Investment

This briefing provides guidance to policy- and decision-makers (hereafter, “policymakers”) on the benefits of and strategies for taking a human rights-based approach to renewable energy policy. It highlights the various impacts of utility-scale renewable energy projects on peoples and communities, associated risks for policymakers, and explains how national, regional, and global policies can help mitigate those impacts and risks. The briefing addresses different agents of policy- and decision-making: Host states, where renewable energy projects are proposed or located; Home states where corporations pursuing renewable energy investments, especially investments abroad, are based; Development Finance Institutions (DFIs) financing renewable energy investments, especially …

The Dormant Commerce Clause As A Way To Combat The Anti-Competitive, Anti-Transmission-Development Effects Of State Right Of First Refusal Laws For Electricity Transmission Construction, Walker Mogen

Michigan Journal of Environmental & Administrative Law

To quickly decarbonize the electricity grid, new sources of renewable energy have to be connected to the grid. To connect these sources of energy to the grid, the rate of construction of new electricity infrastructure must increase quickly. The process to construct new electricity transmission infrastructure, however, is filled with chokepoints that slow its construction. State right of first refusal laws for transmission construction are one the things slowing the build out of the grid. These laws limit which companies can construct new transmission infrastructure to utilities and other companies already operating transmission infrastructure in a state. This Note, using …