Environmental Law Commons^™

Draft Final Solid Media Management Program Plan, Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano

University of Colorado Law Review

No abstract provided.

Environmental Citizen Suits And The Inequities Of Races To The Top, David E. Adelman, Jory Reilly-Diakun

University of Colorado Law Review

Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called "races to the bottom" in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could have the opposite effect-namely, that it reinforces rather than mitigates disparities in the levels of …

Outsourced Emissions: Why Local Governments Should Track And Measure Consumption- Based Greenhouse Gases, Jonathan Rosenbloom

University of Colorado Law Review

While many local governments track greenhouse gas ("GHG") emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half-and in some places more than threefourths- of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local governments should track and measure these pervasive GHGs. Doing so may unlock meaningful information …

Covid-19'S Impact On Renewable Energy, Joel B. Eisen

Law Faculty Publications

"In keeping with this Symposium's focus on accelerating clean energy growth and nations' ability to meet climate goals, this Article examines recent trends during the COVID-19 pandemic that at least temporarily set back the pace of growth, although conditions have rebounded somewhat since a disastrous spring of 2020. This Article supports several near-term policy prescriptions aimed at promoting a speedier return to the upward trajectory renewable energy enjoyed before the pandemic. These include extending the tax policies that support renewables beyond their short-term extensions in pandemic relieflegislation and establishing robust programs to help workers in renewable energy industries who have …

California's Autonomy Under The Clean Air Act: Does Epa Have The Authority To Withdraw An Emissions Standards Waiver?, Ethan Siegel

Cardozo International & Comparative Law Review

The note argues that the EPA lacks the authority to unilaterally revoke the 2013 Clean Air Act (CAA) waiver granted to California. It contends that the EPA must rely on preemption under the Energy Policy and Conservation Act (EPCA) rather than asserting inherent authority or reinterpretation of the CAA text to justify revocation.

International Working Group On Polar Shipping: Report To The Executive Council And Assembly Of The Comité Maritime International, Aldo Chircop

Reports & Public Policy Documents

This report covers the reporting period from 1 November 2020 to 31 May 2021. The IWG Chair acknowledges updates provided by the subgroup chairs. The IWG continues to operate through three subgroups, namely on Antarctic Shipping (chaired by David Baker), COLREGS in Polar Environments (chaired by Stefanie Johnston) and Cruise Passengers’ Rights (chaired by Lars Rosenberg Overby). While progress has been made, unfortunately the prolonged COVID-19 pandemic has continued to affect aspects of the IWG’s work.

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2020,1 the United States Court of Appeals for the Eleventh Circuit held that a provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)2 that tolled statutes of limitation in state law claims did not apply to a claim brought under the Price-Anderson Act (PAA),3 providing an exclusive federal cause of action for harm resulting from exposure to radioactive materials, even though the PAA "borrows" all substantive law governing liability, including a relevant statute of limitation, from the law of the state where the harm occurred. 4 The United States District Court for the Northern District of Georgia …

Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford

Scholarly Works

Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational, the undermining …

Revised Draft Final Butte Reclaimed Areas Maintenance And Monitoring (M&M) Plan In Accordance With Butte Reclamation Evaluation System (Bres), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

The Politicization And Polarization Of Climate Change, Williamson Grassle

CMC Senior Theses

In the mid to late 20th-century, climate change and other environmental issues were addressed on a bipartisan basis, with Republican politicians like President Richard Nixon and George H.W. Bush supporting and advancing measures to combat climate change. However, since the 1990s, climate change has become increasingly polarized, with significant polarization in the last decade. This paper dives into the causes behind climate change's politicization and polarization and what the future holds for bipartisan agreement by analyzing peer-reviewed articles, campaign contributions, news stories, political archives, and past interviews with climate experts. The analysis finds that the polarization has been driven by …

Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature.

Integrating Climate Change Into Environmental Impact Assessments: Key Design Elements, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper explores the integration of climate mitigation into the environmental impact assessment processes. The focus here is on the much neglected mitigation element (which is defined to include GHG emissions as well as impacts on natural sinks such as forests, soils, grasslands and oceans). To this end, the paper considers how to integrate the GHG emission and sinks impacts of projects at five critical stages of the assessment process: triggering, information gathering, analysis, the project decision, and post-approval follow-up.

Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya

Articles, Book Chapters, & Popular Press

Ocean renewable energy sources hold the potential to contribute to the options of low-carbon energy sources and enhance the efforts by the global community to slow down climate change. In this Chapter, we provide a brief background on the current state of technology and development of wave, tidal and ocean thermal energy and consider their potential as forms of renewable energy as well as the potential negative environmental footprints of ocean renewable energy installation and development. Secondly, we examine the relevant international legal and policy framework governing ocean energy, highlighting in particular, the absence of a global legal instrument that …

Intersections Of Environmental Justice And Sustainable Development: Framing The Issues, Sumudu A. Atapattu, Carmen G. Gonzalez, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter proceeds as follows. Section 1.2 describes the evolution of the concept of sustainable development from the 1987 report of the World Commission on Environment and Development (WCED) to the Sustainable Development Goals (SDGs). It discusses contem- porary degrowth and green growth movements, before introducing the relatively novel concept of just sustainabilities, a synthesis of environmental justice and sustainable development. Section 1.3 de!nes environmental justice and discusses its relationship to human rights and the social pillar of sustainable development, reflecting on which dimensions of environmental justice are well reflected in this book and which proved more dif!cult to address. …

Beyond The Cooperation-Conflict Conundrum: Proceedings Of An Arctic Security Webinar Series, Aldo Chircop

Articles, Book Chapters, & Popular Press

The origins of the conference, for which this volume is the published record, go back to the fall of 2019 and the Canadian Pugwash Group’s (CPG’s) annual general meeting. Having just held a major policy conference at the University of Ottawa on “Speeding Towards the Abyss: Contemporary Arms Racing and Global Security,” the CPG was considering what should be the subject of its next policy conference. Arctic security, in all its dimensions, quickly was identified as the theme to pursue. Planning got underway with a view to holding the event in the fall of 2020 and finding suitable partners.

The …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

More …

Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla

Faculty Scholarship

This Article considers the competing interests of landowners, governments, and academics; Part I describes the problem-sea level rise and its projected acceleration. Part II details sea level rise physical and economic impacts. Part III discusses a range of adaptation responses to the problem, and Part IV explores the sea level rise-adaptation strategies' potential legal challenges. This Article focuses on California, but the problems, solutions, and challenges pervade coastal communities everywhere.

Climate Change And Innovation In Brazil: Threats And Opportunities, Gabriel Wedy, Cacia Pimentel

Sabin Center for Climate Change Law

In recent decades, Brazil has adopted a political approach focused on maintaining economic stability and consolidating inclusive social policies. However, despite repeated attempts, little progress has been made in overcoming difficulties within the country and making Brazil more competitive in the global market. Nevertheless, there seems to be an awakening and a certain consensus among scholars of Brazilian problems that the expected inclusive economic growth cycle may be achieved if Brazil invests in enhancing the bioeconomy business environment through bioenergy and innovation.

The actual crisis is fast–tracking two major transformations at the global level: the energy transition and the information …

The Little Colorado River Project: Is New Hydropower Development The Key To A Renewable Energy Future, Or The Vestige Of A Failed Past?, Liam Patton

Colorado Environmental Law Journal

No abstract provided.

Global Governance Of Environmental Mobility: Latin America & The Caribbean, Ama Francis

Sabin Center for Climate Change Law

Environmental events – including droughts, floods, hurricanes, sea level rise and earthquakes play a role alongside socioeconomic and political factors in triggering displacement, migration and planned relocation in Latin America and the Caribbean (LAC). LAC countries experience the strongest relationship between environmental hazards and migration in the world. From 2008 to 2019, there were more than 23 million reported incidents of internal displacement in the context of disasters linked to sudden- and slow-onset hazards linked to disasters. LAC has developed a significant normative framework in response to environmental mobility, especially relative to other regions. In practice, LAC countries use regional …

Environmental Indifference, Anthony L. Moffa

Faculty Publications

An incarcerated American underclass, disproportionately comprised of minority citizens, has been compelled to live in an unconstitutionally polluted environment. Exposure to radon gas in indoor air is just one example of that pollution. Fortunately, the legal effort to address that particular condition of confinement has already begun; the theoretical and practical discussion in this work strives to both highlight the importance of the issue and inform the doctrinal development. The Eighth Amendment precedent created on the specific issue of radon exposure will very likely control the courts’ treatment of other environmental harms ignored by prison officials. This work, using radon …

Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony L. Moffa

Faculty Publications

The empirical observation of a four-decades-long trend towards longer and longer federal agency rulemakings laid the foundation for this series of studies and associated law review articles. The second in that series, this work will add necessary data, test important hypotheses, and draw new conclusions to guide policymakers. Any serious observer of the Federal Register recognizes that different sections of a rulemaking serve different purposes. And agencies have historically utilized one section in particular to insulate their rules from judicial vacation or remand – the “concise general statement of basis and purpose.” Thus, this new study will collect and analyze …

Cities Climate Law: A Legal Framework For Local Action In The U.S., Amy E. Turner, Michael Burger

Sabin Center for Climate Change Law

In the last several years, cities around the world have taken on a leading role in advancing policy to reduce greenhouse gas emissions. In the United States, dozens of cities have set goals targeting ambitious greenhouse gas emission reductions by a date certain (80% or "net zero" by 2050 are common formulations), and many more have pledged to achieve a 100% renewable or carbon-free energy supply.

Many U.S. cities are still determining the policies that would best achieve their climate commitments. In addition to political, financial, and technical considerations, these cities must consider how to structure their policies to comport …

4°C, J. B. Ruhl, Robin K. Craig

Vanderbilt Law School Faculty Publications

In March 2020, while the world's attention was focused on the coronavirus pandemic, an international team of eighty-nine polar scientists from fifty organizations reported that Greenland and Antarctica are losing ice six times faster than they were in the 1990s. Based on satellite data, the research team concluded that "if the current melting trend continues, the regions will be on track to match the 'worst-case' scenario of the Intergovernmental Panel on Climate Change (IPCC) of an extra 6.7 inches (17 centimeters) of sea-level rise by 2100." One month later, in Siberia, "the small town of Verkhoyansk (67.5°N latitude) reached 100.4 …

Connecting Ecosystem Services Science And Policy In The Field, J. B. Ruhl, James Salzman, Craig A. Arnold, Robin Craig, Keith Hirokawa, Lydia Olander, Margaret Palmer, Taylor H. Ricketts

Vanderbilt Law School Faculty Publications

Conservation and provision of ecosystem services (ES) have been adopted as high-level policy in many countries, yet there has been surprisingly little application of these broad policies in the field; for example, ES are rarely considered in permit issuance or other discrete agency actions. This large implementation gap arises in part because the science that drove general policy interest in ES differs from the science needed for practical application. A better understanding of the environmental policy toolkit can guide more effective research to support agency decisions. Here, we outline the framework used to teach environmental policy instruments through the “Five …

Negative-Value Property, Bruce R. Huber

Journal Articles

Ownership is commonly regarded as a powerful tool for environmental protection and an essential solution to the tragedy of the commons. But conventional property analysis downplays the possibility of negative-value property, a category which includes contaminated, depleted, or derelict sites. Owners have little incentive to retain or restore negative-value property and much incentive to alienate it. Although the law formally prohibits the abandonment of real property, avenues remain by which owners may functionally abandon negative-value property, as demonstrated recently by busts in certain coal and oil & gas markets. When negative-value property is abandoned, whether formally or functionally, the rehabilitation …

Flooding Their Mailbox: Recommendations For Notifying Residents Of Changes To Fema Flood Maps, Andrew Major, Alston Underwood

Virginia Coastal Policy Center

No abstract provided.

Prep Tool - Planning For Resilience: Evaluation And Prioritization, Virginia Coastal Policy Center, William & Mary Law School, Institute For Engagement & Negotiation, University Of Virginia

Virginia Coastal Policy Center

The PREP Tool is a three-step process to support local governments in establishing a set of resilience priorities informed by level of risk, resilience efforts to date, and best practices in resilience planning. The tool provides a starting point for local governments who have not yet evaluated their vulnerabilities, assessed impacts, identified resilience-building actions, or developed resilience plans to guide future resilience efforts.

A Quick Guide To Resilience, Virginia Coastal Policy Center, William & Mary Law School

Virginia Coastal Policy Center

The Virginia Coastal Policy Center (VCPC) developed this Guide as a reference for citizens and local governments in Virginia. The Guide also may be used as a resource by local governments as they use the PREP (Planning for Resilience: Evaluation and Prioritization) Tool discussed.