Environmental Law Commons^™

I Can See Clearly Now: The Epa's Authority To Regulate Indian Country Under The Clean Air Act, Richard Duncan, Christiana Martenson

William Mitchell Law Review

No abstract provided.

Climate Change Adaptation In Indian Country: Tribal Regulation Of Reservation Lands And Natural Resources, Jamie Kay Ford, Erick Giles

William Mitchell Law Review

No abstract provided.

Redd+: Climate Justice Or A New Face Of Manifest Destiny? Lessons Drawn From The Indigenous Struggle To Resist Colonization Of Ojibwe Forests In The Nineteenth And Twentieth Centuries, Philomena Kebec

William Mitchell Law Review

No abstract provided.

"Free The Land": A Call For Local Governments To Address Climate-Induced Food Insecurity In Environmental Justice Communities, Liza Guerra Garcia

William Mitchell Law Review

No abstract provided.

Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen

Scholarly Works

New York City, like other major cities around the world, has acknowledged the problem of climate change, undertaken a comprehensive risk assessment, created a suite of adaptation and mitigation planning initiatives, and begun to implement policies to decrease the city’s contribution to the problem and to make the city less vulnerable to the effects of climate change. This detailed analysis of the city’s climate change resilience initiatives concludes that, although many of the city’s initiatives provide a model for other coastal communities, the initiatives likely still fall short of what is required to sufficiently moderate harm from dangerous interference with …

Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath

St. Mary's Law Journal

Abstract Forthcoming.

Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton (Buzz) Thompson

Articles

No abstract provided.

Please Turn Your Lights Off, The Turtles Are Nesting: Ensuring That Federal, State, And Local Laws Help Guide Endangered Marine Turtle Hatchlings In Florida To The Right Source Of Light, Cameryn Justice Rivera

St. Thomas Law Review

Part I of this paper provides background information on sea turtle behavioral patterns in nesting and hatching, while also highlighting the problems of disorientation and nesting deterrence. Part II examines federal and state laws that authorize and delegate sea turtle oversight protections, administer legal and practical protection, and attempt to enforce the laws to prevent sea turtle disturbances or deaths. Part III discusses local ordinance regulations on artificial lighting and comments on the Model Lighting Ordinance in Florida. Part IV analyzes sea turtle law coordination and conservation at the federal, state law, and local ordinance level, while commenting on a …

The Clean Power Plan: An Introduction To Cooperative Federalism In Energy Regulation, Tina Calilung

American University Business Law Review

No abstract provided.

Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …

Getting To Utility 2.0: Rebooting The Retail Electric Utility In The U.S., James M. Van Nostrand

San Diego Journal of Climate & Energy Law

This Article examines the drivers for this perceived need to revisit the utility business model, focusing primarily on the declining cost of DG resources and the resilience benefits of DG resources in addressing the impact of future extreme weather events. Second, this article reviews the various “Utility 2.0” proceedings underway across the United States, and the common themes emerging from those proceedings. The third section of the Article discusses the possible approaches to a utility business model, based on experience in wholesale and retail electricity markets in the United States and Europe. Fourth, this Article will examine lessons learned regarding …

The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole

Articles by Maurer Faculty

States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.

Several international legal scholars have been advocating litigation as a means of compensating victims and …

V.6, 2015 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Promoting Clean Reliable Energy Through Smart Technologies And Policies: Lessons From Three Distributed Energy Case Studies, Samantha Ruiz, Katie R. Thomas, Kevin B. Jones

San Diego Journal of Climate & Energy Law

Following the blackout of the electric grid in the 1965 it was hypothesized that large central generation would lead to continued reliability problems. More recently, following Hurricane Sandy, there have been additional criticisms of the risks that large centralized electric systems face in terms of system restoration following catastrophic storms. Together these concerns have led some in the electric industry to conclude that bigger is not always better. In 2007, with the passage of the Energy Independence and Security Act, Congress initiated policy support for a smarter more distributed grid. Since then, utilities have begun to experiment with more distributed, …

Energy Consumption Data: The Key To Improved Energy Efficiency, Alexandra B. Klass, Elizabeth J. Wilson

San Diego Journal of Climate & Energy Law

This Article explores recent efforts that federal, state, and local governments have taken to create regulatory frameworks to collect energy consumption data and make it available to consumers and, in some cases, to the public. Part II explains the nature of energy consumption data, the problems with not having such data readily available to consumers and policymakers, and the benefits associated with making it available to a wider range of potential users. Part III explores developing federal, state, and local policies governing energy consumption data, including how policymakers have attempted to address some of the privacy and other concerns associated …

Solar Energy, Utilities, And Fairness, Troy A. Rule

San Diego Journal of Climate & Energy Law

This Article analyzes the primary fairness arguments that utilities are leveling against net metering programs and electricity rate designs as rooftop solar energy expands across the country. By categorizing and more thoroughly evaluating these arguments, this Article seeks to enhance the dialogue between utilities, legislators, state regulators, and the solar energy industry over how to best orchestrate the nation’s shift toward more sustainable electricity strategies.
Part II of this Article describes how net metering programs and other factors are spurring dramatic growth in distributed solar energy generation in the United States and how utilities are increasingly lobbying for policy changes …

Electric Utilities And Distributed Energy Resources - Opportunities And Challenges, Jeff Winmill

San Diego Journal of Climate & Energy Law

This Article explores the key business and regulatory issues associated with utility investments in DERs, as well as important considerations for regulators seeking to strike the appropriate balance between DER services provided by third parties and DER services provided by utilities. Part I provides a brief overview of the electric utility industry, and the growth and impact of DERs in recent years. Part II analyzes two emergent distributed technologies––solar photovoltaics (PV) and distributed storage––as well as utility efforts to invest in these technologies. And Part III concludes with a discussion of two different regulatory models for addressing utility-ownership of DERs: …

Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo

San Diego Journal of Climate & Energy Law

As Professor Charles Wilkinson explains, “The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community that they must be protected by distinctive, judge-made principles.” Because a healthy and habitable atmosphere is essential to the survival of the human race, it is imperative that the public trust doctrine be interpreted in a way to include the atmosphere within its scope. Civil litigation is an effective legal mechanism to expand the public trust doctrine’s scope by way of the judiciary. Once a state judiciary can determine the applicability of the public …

"Green" Performance: The Future Of Performance-Based Executive Compensation?, Ben Schwefel

San Diego Journal of Climate & Energy Law

Although sustainability performance appears to be a logical extension of the traditional performance-based compensation model, the effect and result of such performance remains unclear and untested across the market. The adoption of broad-based sustainability performance measures may be dangerous because, often times, these measures are tailored to the corporation and may decrease total shareholder return in the short run. Regardless of whether or not the corporation decides to introduce these measures, their effect on total shareholder return and other corporate interests requires an individualized analysis.
Part II of this Comment discusses the current state of executive compensation, including the use …

Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci

Touro Law Review

Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …

Saving The Paper Tiger: Biodiversity As An Irreplaceable Element Of Our Common Cultural Heritage, Lisa Meissner

Notre Dame Journal of International & Comparative Law

This Note examines the role of international law and human rights in the conservation of global biodiversity as an element of our shared cultural heritage. International instruments like the Convention on the International Trade in Endangered Species of Wild Fauna and Flora and the World Heritage Convention have changed the discourse of international conservation law by connecting natural resources, including animal species, to incentives-based structures in local or regional communities. Such a legal foundation is critical to engaging with evolving international concepts of sustainable development and rural livelihoods protection that promote making biodiversity conservation cognizably valuable to humanity, both tangibly …

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg

Scholarly Articles

This Article investigates whether a right to environmental hedonism can be claimed and compensated for when the environment is degraded. Building upon the economic and mathematical uncertainties in assessing any claim for loss of enjoyment of the environment, the Article considers the evaluation of environmental harms ex post through use of restorative damages allowed under the Restatement (Second) of Torts - and concludes that because of the ambiguities in public policy for not only determining what is an appropriate case for an award of restorative damages but also evaluating the nature and the scope of environmental injuries, these damages are …

The Woes Of Roe: The Future Of Women's Reproductive Health In 2015, Victoria Dempsey

Public Interest Law Reporter

No abstract provided.

The Responsible Investor’S Guide To Climate Change, Jeffrey D. Sachs, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Around the world, institutional investors – including pension funds, insurance companies, philanthropic endowments, and universities – are grappling with the question of whether to divest from oil, gas, and coal companies. The reason, of course, is climate change: unless fossil-fuel consumption is cut sharply – and phased out entirely by around 2070, in favor of zero-carbon energy such as solar power – the world will suffer unacceptable risks from human-induced global warming. How should responsible investors behave in the face of these unprecedented risks?

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Faculty Articles

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of …

Environmental Justice As Civil Rights, Wyatt G. Sassman

Richmond Public Interest Law Review

Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …

Stigmatized Sites And Urban Brownfield Redevelopment, Joel B. Eisen

Law Faculty Publications

This chapter addresses the "stigmatized sites" located in urban areas in the United States and Europe and the "brownfields" redevelopment programs aimed at removing the stigma and promoting remediation and reuse of these sites. Although the European Union has put regulatory frameworks in place, the United States has led the global effort to address brown fields redevelopment, and the discussion in this chapter will focus on American models for brown fields remediation and reuse.

Fracking, Federalism, And Private Governance, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.

Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …

Myths Of Environmental Law, Albert C. Lin

Utah Law Review

Environmental law is pervaded by myths—i.e., assumptions that are inaccurate, misleading, or false. These myths arise in various contexts, ranging from wetlands mitigation schemes and pollution credit trading programs to legal regimes premised on the concept of sustainability. This Article explores several myths of environmental law, their origins, and their roles. While political reasons explain in part the creation and prevalence of these myths, more is at work behind these myths than mere politics or failures to implement the law. The myths of environmental law facilitate the management of ecologically complex systems by providing a reductionist account of them. Beyond …