Environmental Law Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The History And Conflicts Of The Montana Environmental Policy Act, William Oliver Borghesani

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Lumpy Social Goods In Energy Decarbonization: Why We Need More Than Just Markets For The Clean Energy Transition, Daniel E. Walters

University of Colorado Law Review

To avoid the worst consequences of global climate change, the United States must achieve daunting targets for decarbonizing its electric power sector on a very short timescale. Policy experts largely agree that achieving these goals will require massive investment in new infrastructure to facilitate the deep integration of renewable fuels into the electric grid, including a new national high-voltage electric transmission network and grid-scale electricity storage, such as batteries. However, spurring investment in these needed infrastructures has proven to be challenging, despite numerous attempts by regulators and policymakers to clear a path for market-driven investment. Unchecked, this problem threatens to …

Can Nature Tourists Police Themselves? Comparing Eco-Pledges In The United States And Palau, Marcia Moana Levitan-Haffer

University of Colorado Law Review

No abstract provided.

Recommendations To Increase The Resilience Of Wastewater Treatment In Coastal Virginia, Grace D. Molino, Forrest M. Via

Virginia Coastal Policy Center

This white paper discusses the problem of septic failures in Virginia, as infrastructure ages and previously installed systems can no longer function. Section II.A. discusses the feasibility of regulatory and other measures that the Virginia state and local governments can implement to incentivize the identification, maintenance and repair of septic systems. Among these measures is a point-of-sale inspection requirement, which would require real property sellers to have their septic system inspected upon sale. Additionally, this white paper addresses several alternative options to conventional onsite septic systems, including public information campaigns to inform septic system owners of maintenance and repair techniques; …

Grid Reliability Through Clean Energy, Hannah Jacobs Wiseman, Alexandra Klass, Joshua Macey, Shelley Welton

Faculty Scholarship

In the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far beyond the electricity sector.

This Article shows that much of the perceived tension between clean energy and reliability is a failure of law and governance resulting from the United States’ siloed approach to regulating the electric grid. …

The Semiconductor Industry's Need For Better Negotiation To Combat China's Rise, Joshua Becker

Cardozo Journal of Conflict Resolution

No abstract provided.

Polarization And Reform: Rethinking Separation Of Emergency Powers, Kevin Rizzo

Cardozo International & Comparative Law Review

The note examines the challenges posed by the expansion of presidential emergency powers, particularly under the National Emergencies Act (NEA), and argues that political polarization has weakened Congress's ability to check the President's use of these powers. It advocates for reforms to balance national security needs with constitutional checks and balances, emphasizing the need to address the structural and political factors that enable presidential overreach.

International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee

Scholarly Works

The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.

The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …

Clean Air Act Section 115: Is The Ipcc A 'Duly Constituted International Agency'?, Adam D. Orford

Scholarly Works

Does EPA’s receipt of the Assessment Reports of the Intergovernmental Panel on Climate Change (IPCC) trigger the agency’s duties under Clean Air Act § 115? The law requires EPA to take action to prevent or eliminate air pollution endangering the public health or welfare of foreign nationals under certain circumstances. If triggered, the argument goes, the law could justify, or compel, EPA’s imposition of nationwide greenhouse gas regulation to combat climate change. One way to justify this, or compel it, is to trigger EPA’s duties “upon receipt of reports, surveys or studies from any duly constituted international agency.” This article …

Rate Base The Charge Space: The Law Of Utility Ev Infrastructure Investment, Adam D. Orford

Scholarly Works

To fight climate change and support the transition to a zero-emissions transportation sector, the U.S. is setting out to build a huge fleet of electric vehicle (EV) charging stations. But EV charging equipment is expensive, and how to pay for it is not straightforward. This Article explores the emerging law and policy of using the bill payments of millions of electric utility customers to solve the problem. State utility regulators, in obscure technical proceedings, have begun directing billions of ratepayer dollars toward EV chargers. Is this an unfair and risky social spending experiment, as its opponents argue? Or is it …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2021, the United States District Court for the Southern District of Alabama, in an issue of first impression, concluded that the United States is not a "person" under the contribution provision of the Oil Pollution Act (OPA),2 and therefore the provision did not waive the sovereign immunity of the United States. For this and other reasons a plaintiff could not recover in contribution from the United States for the plaintiffs costs of cleaning up an oil spill, even where the plaintiff alleged the spill was the result of the sole negligence of the United States. The United States District …

The Unfccc Regime At A Crossroads: Can You Trust Anyone Over 30?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

The UN Framework Convention on Climate Change (UNFCCC) was adopted in 1992 and it was opened for signature at Rio de Janeiro in June of that year. The 30th anniversary of its adoption offers an opportunity to reflect on more than a quarter of a century of UN climate diplomacy, and to consider the path ahead. This contribution takes a look back at the choices made that have led the regime to its current state. It then takes a look forward and considers the prospects of the regime meeting its ultimate aim of avoiding dangerous human interference with the climate …

Effective Integration Of Climate Change Into Impact Assessment: The Importance Of Meaningful Public Engagement, Meinhard Doelle, Adebayo Majekolagbe

Articles, Book Chapters, & Popular Press

In this chapter, we consider the role of the public and the benefits of participatory approaches for the effective consideration of climate change in impact assessments in the light of three starting assumptions, which we refer to as ‘climate realities’. The first climate reality is the need for full decarbonization within the next 30 years. The second climate reality is that even a ‘well below 2 degrees’ world will result in fundamental changes to ecological and social systems that will require active management, and it is far from clear whether this well below 2 degrees goal will be met. The …

Comparing Russian And Canadian Climate Policy: Protecting Arctic Interests?, Meinhard Doelle, Roman Dremliuga

Articles, Book Chapters, & Popular Press

The global human influence on the climate is growing at an alarming pace. This trend appears doomed to continue. Polar regions are feeling the effects first. This means that if the impacts of climate change serve to motivate effective policies, polar regions could be a good place to look for climate policy innovation. It is within this context that this article considers Arctic climate policy in Russia and Canada. The basic question posed is whether the unique and immediate threat climate change presents in the Arctic is reflected in progressive laws and policies with respect to four key areas: mitigation, …

Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck

Articles, Book Chapters, & Popular Press

No abstract provided.

Canadian And Russian Fisheries Management In The Arctic: Complexities, Commonalities And Contrasts, David Vanderzwaag, Vitalii Vorobev, Olga Koubrak

Articles, Book Chapters, & Popular Press

This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and …

Introduction: Responding To A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Viatcheslav Gavrilov, David Vanderzwaag, Susan J. Rolston

Articles, Book Chapters, & Popular Press

This article is the guest editors' introduction to the special series entitled Responding to a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges.

Navigating The Structural Coherence Of Sea Life, Aldo Chircop, Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, Anna Stammler-Gossmann

Articles, Book Chapters, & Popular Press

Ice breaking by ships can cause irreparable harm to the ecologies and cultures of northern regions. This chapter revolves around a central question: what are the barriers preventing the development of a legal mechanism to limit this act of environmental violence? The chapter suggests that the central barrier is not so much legal as it is ontological: foundational conceptions of space that underpin Western legal institutions are unable to value the form of water, reducing it instead to an ed space that is used for movement or resource extraction. This chapter demonstrates how a consideration of the environmental violence of …

Maritime Transportation: Let's Slow Down A Bit, Maxime Sèbe, Pierre Scemama, Anne Choquet, Jean-Luc Jung, Aldo Chircop, Phénia Marras-Aït Razouk, Sylvain Michel, Valérie Stiger-Pouvreau, Laura Recuero-Virto

Articles, Book Chapters, & Popular Press

Maritime transportation is a major contributor to the world economy, but has significant social and environmental impacts. Each impact calls for different technical or operational solutions. Amongst these solutions, we found that speed reduction measures appear to mitigate several issues: (1) collision with wildlife; (2) collision with non-living objects; (3) underwater noise; (4) invasive species; and (5) gas emission. We do not pretend that speed reduction is the best solution for each individual issue mentioned in this paper, but we argue that it could be a key solution to significantly reduce these threats all together. Further interdisciplinary research is required …

How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning

Articles, Book Chapters, & Popular Press

Sea ice is a contested space when it comes to navigation in ice-covered regions. For Inuit in Nunavut, Canada, sea ice is an integral platform of coastal connectivity, allowing access to areas of subsistence and cultural value. For vessels transiting Arctic waters, sea ice poses potential risks to vessel, crew, and passenger safety consequently, icebreaking is considered an essential service. Yet, many communities in Nunavut have described icebreaking as having, or potentially having significant negative impacts on community and ecological wellbeing. Several policies regulate and provide guidance to icebreakers operating in ice-covered waters. With anticipated increases to icebreaking demand in …

Social Equity Is Key To Sustainable Ocean Governance, Katherine M. Crosman, Edward H. Allison, Yoshitaka Ota, Andrés M. Cisneros-Montemayor, Gerald G. Singh, Wilf Swartz, Megan Bailey, Kate M. Barclay, Grant Blume, Mathieu Colléter, Michael Fabinyi, Elaine M. Faustman, Russell Fielding, P. Joshua Griffin, Quentin Hanich, Harriet Harden-Davies, Ryan P. Kelly, Tiff-Annie Kenny, Terrie Klinger, John N. Kittinger, Katrina Nakamura, Annet P. Pauwelussen, Sherry Pictou, Chris Rothschild, Katherine L. Seto, Ana K. Spalding

Articles, Book Chapters, & Popular Press

Calls to address social equity in ocean governance are expanding. Yet ‘equity’ is seldom clearly defined. Here we present a framework to support contextually-informed assessment of equity in ocean governance. Guiding questions include: (1) Where and (2) Why is equity being examined? (3) Equity for or amongst Whom? (4) What is being distributed? (5) When is equity considered? And (6) How do governance structures impact equity? The framework supports consistent operationalization of equity, challenges oversimplification, and allows evaluation of progress. It is a step toward securing the equitable ocean governance already reflected in national and international commitments.

Looking Out, Looking In: How India Can Respond To A Carbon Border Adjustment Mechanism On The Principles Of Justice And Equity In The Net-Zero Transition, Paridhi Srivastava

LL.M. Essays & Theses

The net-zero transition is a curious term. It is multi-dimensional. It must be inclusive, equitable, and just—considering the different realities of various economies and various pathways to achieving net-zero. One of the merits of global climate action since the Paris Agreement in 2015 has been its attempt to balance climate change justice with inter-generational justice and environmental justice. But as evidenced from the international momentum brewing in a post-Paris world leading up to Glasgow, the problems of justice are not abated with a net-zero transition — they are indeed being rendered more poignant by it. While it is just to …

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …

Is Fire Insurable?, Kenneth S. Klein

Faculty Scholarship

The focus of this chapter is on the extant data on the prevalence, causes, and depth of inadequate, unavailable, and/or unaffordable dwelling insurance for fire, and what might be done about it. Whether it is ‘bushfire’ in Australia or ‘wildfire’ in the United States, the frequency, intensity, and cost of fire is increasing, with no reason to expect the upward trend to dissipate any time soon. Most homeowners want to insure their homes for fire and think they both have done so and done so adequately. More often than not, they are wrong. And many are finding that insurance now …

Genetically Engineered Food, Food Security, And Climate Change, Joanna K. Sax

Faculty Scholarship

Malnutrition is the leading cause of death and disease worldwide. Climate change is an existential crisis. We need to feed people and address the role of agriculture in climate change – at the same time. This is problematic, as agriculture inherently creates issues that contributes to climate change. Utilizing science, through genetically engineered crops, is one way to close the harm gap between food security and climate change. This essay addresses the controversial issue of genetically engineered crops with the complicated issues of food security and climate change by analyzing three main issues: (1) how the science of genetically engineered …

Procedural Environmental Justice, Jonathan Skinner-Thompson

Publications

Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called “meaningful involvement” in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision-making. Especially in the environmental arena, regulatory decisions are often buried …

Addressing Climate Impacts In Alaska Native Tribes: Legal Barriers For Community Relocation Due To Thawing Permafrost And Coastal Erosion, Lara Fowler, Ekrem Korkut, Kathleen E. Halvorsen, David Holen, E. Lance Howe, Guangqing Chi

Faculty Scholarship

Rural communities is Alaska—predominantly Alaska Native Tribes—are at the forefront of climate change impacts and climate justice concerns in the United States. According to the 2019 Alaska statewide threat assessment report, 29 communities are currently experiencing significant climate change-related erosion. Further, 38 communities faces significant flooding, and 35 have major problems with thawing permafrost. Some Alaska Native communities have explored community relocation to adapt to these impacts. Because federal law does not recognize gradual environmental impacts like thawing permafrost and coastal erosion as disasters, these communities are ineligible for disaster funding and struggling with how to adapt to the very …

Fda As Food System Stewards, Margot J. Pollans, Matthew F. Watson

Elisabeth Haub School of Law Faculty Publications

The Food and Drug Administration (“FDA”) is one of the primary regulators of the U.S. food system, yet it all but ignores the food system's vast environmental footprint. Although the agency is not technically an environmental agency, it could and should view redressing the food system's significant environmental footprint as part of its health and safety mission. In this Article, we review FDA's history of National Environmental Policy Act (“NEPA”) compliance. This history affirms our hypothesis that FDA does not view its own work as environmental. The review, along with assessment of some of FDA's core food programs, reveals that …

Colorado's Sb 19-181 And The Cogcc Rules Are First Of Their Kinds, Yet Still Not Enough, Lauren Davis

Colorado Environmental Law Journal

No abstract provided.