Environmental Law Commons^™

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.

The Climate For Human Rights, Rebecca M. Bratspies

University of Miami Law Review

Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change

Limiting The National Right To Exclude, Katrina M. Wyman

University of Miami Law Review

This essay argues that the robust right to exclude that nation states currently enjoy will be harder to justify in an era of climate change. Similar to landowners, nation states have virtual monopolies over portions of the earth. However, the right of landowners to control who enters their land is considerably more constrained than the right of nation states to control who enters their territory. Climate change will alter the areas of the earth suitable for human habitation and the broad right of nation states to exclude will be more difficult to justify in this new environment.

Energy, Governance, And Market Mechanisms, Alice Kaswan

University of Miami Law Review

As climate modelers’ projections materialize through intense storms, catastrophic flooding, unprecedented heat waves, and more, the need for substantial decarbonization within the next few decades has become increasingly clear. Transitioning to clean energy will bring benefits and drawbacks and will create winners and losers. Who will decide how we transition? Our choice of policy tools will have significant implications for who controls the transition and how it unfolds.

Many economists promote the role of market-based mechanisms like carbon taxes or cap-and-trade, mechanisms that rely largely on private actors to make crucial decisions. Under this view, government measures would fill in …

Why You Should Be Unsettled By The Biggest Automotive Settlement In History, Sarah Dadush

University of Colorado Law Review Forum

No abstract provided.

Governing Land Investments: Do Governments Have Legal Support Gaps?, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?

CCSI researched how host governments access legal support in the planning, negotiation, and monitoring of land investments, with a view to better understanding where legal support gaps for governments exist, and how these can be addressed by governments themselves, as well as by donors, support providers and investors.

By scrutinizing “legal support gaps,” CCSI sought to identify possible weak …

Regulating What Can't Be Measured: Reviewing The Current State Of Animal Agriculture's Air Emissions Regulation Post-Waterkeeper Alliance V. Epa, Kyle Weldon

Student Scholarship

While the Omnibus Bill may now provide CAFOs with a shield from reporting requirements, this article reviews the history behind production agriculture’s air emissions regulation challenges and why this issue still matters moving forward. Part I provides an overview of today’s modern animal agricultural industry, looking at how CAFOs have grown in size in recent years and the potential air pollution issues that stem from that growth. Part II analyzes the current state of federal air emissions regulations impacting CAFOs, focusing on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). …

The Gorge Commission: An Adequate Forum For States, Counties, Tribes, And The Railroads Operating In The Columbia River Gorge, Dayna Jones

Washington Journal of Environmental Law & Policy

The Columbia River Gorge is host to some of the most biodiverse landscape on the planet. In addition to harboring unique species, the Gorge is also home to a unique jurisdictional landscape. The collaborative legislation that enacted the Gorge Act endowed governmental authority of the General Management Area of the Gorge within a compact agency: the Gorge Commission. Railroads running through the Gorge have contested the Gorge Commission’s jurisdiction over their operations, claiming preemption from the Commission’s authority. This article discusses the competing jurisdictional interests in the General Management Area of the Gorge and explains why the Gorge Commission is …

Arctic Law & Policy Year In Review: 2017, Arctic Law & Policy Institute, University Of Washington

Washington Journal of Environmental Law & Policy

According to the U.S. National Oceanic and Atmospheric Administration’s 2017 Arctic Report Card, while 2017 did not shatter as many records as 2016, the Arctic shows no sign of returning to the reliably frozen region it was decades ago. Arctic temperatures continue to increase at double the global rate. 2017 marked the end of the United States’ chairmanship of the Arctic Council and the beginning of another term for Finland. At the May 11, 2017 Fairbanks Ministerial hosted by Secretary of State Rex Tillerson–the first ministerial in which all eight member states were represented by their Foreign Ministers–the Arctic Council …

Drought And Public Necessity: Can A Common-Law “Stick” Increase Flexibility In Western Water Law?, Robin Kundis Craig

Utah Law Faculty Scholarship

Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to re-allocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival.

Using the example of the Brazos River drought of 2010 to 2013, this Article explores …

Natural Resources And Natural Law Part I: Prior Appropriation, Robert W. Adler

Utah Law Faculty Scholarship

In recent years there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists on the opposite side of the political-environmental spectrum have also relied on civil disobedience to assert natural rights to a healthy environment, based on public trust …

Considerations For The 2019–2021 Nisc Management Plan, Invasive Species Advisory Committee

National Invasive Species Council

The Issue

Efforts to prevent the importation of invasive species are insufficient to protect the United States. Nor are resources adequate for the eradication or control of invasive species that have already entered the country. There is a clear need for more effective coordination and collaboration among federal agencies and other entities to address gaps and inconsistencies in relevant statutes, regulations, agency authorities, as well as to improve and sustain access to the data needed to inform decisions and direct action

The Right To Rainwater: An Unlikely Fairy Tale, Autumn R. Triplett

Mercer Law Review

Everyone loves a good story, but what makes a story good?

First, a good story has a hero. Cinderella's fairy godmother helped her to realize her potential, Harry Potter saves the wizarding world once again, and rainwater changed our world. Of course this contention sounds strange, but if presented with the question of which natural resource is most vital to sustaining life on earth, most people would give the same answer: water. This is a statement that would likely be met with little resistance. That is because from a very early age, just like we are taught the importance of …

Il Contributo Delle Compagnie Oil & Gas Nel Raggiungimento Degli Obiettivi Energetici E Climatici (How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change), Lisa E. Sachs, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Nel settembre 2015, i governi di tutto il mondo hanno adottato17 Obiettivi di Sviluppo Sostenibile (Sustainable Development Goals – SDG) e, pochi mesi dopo – a dicembre – hanno firmatol’Accordo di Parigi. Queste azioni sono la riprova delrafforzamento del consenso globalecirca la necessità di frenare il cambiamento climatico indotto dalle attività antropiche e dipromuovere uno sviluppo sostenibilesu scala mondiale. I due concetti sono infatti strettamente legati: l’urgenza di affrontare il cambiamento climatico va inquadrata nella cornice degli sforzi globali tesi a ridurre la povertà, promuovere la crescita economica, rispettare i diritti umani e di inclusione sociale.

On September 2015, governments …

Costs And Benefits Of Investment Treaties: Practical Considerations For States, Lise Johnson, Jesse Coleman, Brooke Guven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.

Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration, Jonathan Schirmer

Seattle University Law Review

This Note examines the main statutes governing the Outer Continental Shelf (OCS) leasing process, including their interpretation by the courts. The interests of affected states and indigenous people, as well as how courts have minimized these voices will be explored, focusing on the state of Alaska. Finally, this Note argues for statutory reform as well as a change in the leasing process to increase state and indigenous participation.

Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian

Sustainable Development Law & Policy

No abstract provided.

How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook

Sustainable Development Law & Policy

No abstract provided.

The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan

Sustainable Development Law & Policy

No abstract provided.

This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh

Sustainable Development Law & Policy

No abstract provided.

Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose

Sustainable Development Law & Policy

No abstract provided.

Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom

Sustainable Development Law & Policy

No abstract provided.

Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda

Sustainable Development Law & Policy

No abstract provided.

The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith

Sustainable Development Law & Policy

Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.

Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.

Relative Administrability, Conservatives, And Environmental Regulatory Reform, Blake Hudson

Florida Law Review

Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies addressing the subject matter of federal regulation. This Article argues that greater use of geographic-delineation policies at the state and local level offers an important opportunity to reduce the size, scope, and cost of the federal environmental bureaucracy, while at the same time achieving the environmental gains sought by the staunchest supporters …

Policing Federal Supremacy: Preemption And Common Law Damage Claims As A Ceiling Regulatory Floor, Sam Kalen

Florida Law Review

This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act intended to preempt state common law claims for nuisance. Neither those who advance robustly deploying the common law to arrest air emissions nor, conversely, those who claim that common law suits would disrupt the air regulatory program appreciate the dynamic that occurred when Congress confronted the Nation’s air pollution problem and crafted the first modern U.S. environmental laws. Yet that dynamic is essential to understanding the Clean Air Act’s “citizen suit” provision and Congress’s decision to preserve certain state common law claims. This Article explains …

Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez

Indiana Journal of Global Legal Studies

Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …