Environmental Law Commons^™

Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch

Ocean and Coastal Law Journal

Few transformations in Earth systems are as dramatic as those currently occurring in the Arctic. We reveal the emergence of a new route regime in response to the evolving context of climate change and human pressures. This paradigm shift presents both opportunities for Arctic exploration and maritime trade, as well as risks for marine ecosystems and coastal communities. It underscores the need for concerted efforts to recalibrate the associated legal framework.

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …

Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov

Ocean and Coastal Law Journal

The Arctic region is strategically significant with its economic activity, resources, and its Indigenous populations. Russia has recognized the significance of the Indigenous peoples living in the Arctic and has fueled its international publicity by using these peoples as a tool for public relations. The colonizing of these regions and the strategic use of propaganda by the Russian government weaves a complicated tale—one in which the Russian administration voices support for the Indigenous populations while removing protections for these same peoples.

Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska

Ocean and Coastal Law Journal

The United States may seek to reduce its dependency on China for strategic minerals and rare earth elements by exploiting deposits on its continental shelf in the Arctic region. On December 19, 2023, the United States announced the outer limits of it extended continental shelf. Like other countries, the United States exercises sovereign rights and jurisdiction over the living and non-living resources of the continental shelf, which is comprised of the sea bed and subsoil of the continental margin. The U.S. continental shelf extends beyond 200 nautical miles in seven locations, including the Bering Sea and Arctic Ocean. Although the …

Russia's Arctic Maritime Claims, Raul Pete Pedrozo

Ocean and Coastal Law Journal

As an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally …

The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi

Ocean and Coastal Law Journal

No abstract provided.

The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah

Journal of Private International Law Studies

Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …

Regulating The Renewable Revolution: Revisiting Ferc’S Authority Under The Federal Power Act Post-Major Questions Doctrine, Charles Beauregard

PEEL Student Scholarship

No abstract provided.

Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula

Elisabeth Haub School of Law Faculty Publications

We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human rights law to secure peasants' rights and promote more sustainable and just alternatives to our industrial food system. Against the backdrop of the political economy of industrial agriculture, this Article compares mainstream approaches to food systems reform with transformative alternatives rooted in food sovereignty. It explores two key …

Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati

Sabin Center for Climate Change Law

To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …

Green Public Procurement: How To Fulfill The Promise Of Decarbonizing The Hard-To-Abate Sectors, Laura Garcia Cancino, Perrine Toledano, Ingrid Zhou

Columbia Center on Sustainable Investment

Public procurement represents a significant segment of the global economy, accounting for approximately 12% of the global GDP, according to a World Bank's 2020 report. Moreover, steel and cement are among the most carbon-intensive commodities, contributing about 14-16% of global energy-related CO2 emissions. Our latest publication under the COMET initiative, Green Public Procurement: How to Fulfill the Promise of Decarbonizing the Hard-to-Abate Sectors, analyzes Green Public Procurement (GPP) and its pivotal role in decarbonizing hard-to-abate sectors like steel manufacturing.

This comprehensive study delves into how governments can use their extensive purchasing power to shift market dynamics towards low-carbon alternatives, effectively …

A Market Mechanism For The Creation Of A Climate-Differentiated Market In The Steel Industry, Laura Garcia Cancino, Perrine Toledano

Columbia Center on Sustainable Investment

The heavy industry sector, a significant contributor to global CO2 emissions, is at a critical juncture. Accounting for 25% of total CO2 emissions annually, this sector is poised to see an increased demand for materials through 2050, particularly from developing countries focused on infrastructure expansion and transitions toward net-zero emissions. However, the sector's dependency on high-emission technologies, notably in steelmaking, underlines the pressing need for a swift and decisive shift to low-emission alternatives.

Our latest publication under the COMET initiative, A Market Mechanism for the Creation of a Climate-differentiated Market in the Steel Industry, introduces a twofold market mechanism specifically …

Climate Impact Screening And Reporting: A Venture Capital Perspective, Ajay S. Jagdish, Perrine Toledano, Ana M. Camelo Vega

Columbia Center on Sustainable Investment

According to the International Energy Agency’s (IEA) Net-Zero Scenario, about one-third of the emissions reductions needed by 2050 depend on technologies that are currently in development. Additionally, climate adaptation finance faces an even larger investment gap.

The Climate Venture Capital community must demonstrate tangible climate impact to truly earn its reputation.

However, accurately and reliably screening, evaluating, and monitoring climate impact is challenging, with many metrics and methods still needing to be ascertained, clarified, and standardized.

With the support of Princeville Capital, CCSI offers insights into unresolved issues:

1. Attribution and baselining
2. Paris-aligned thresholds for prioritization
3. Indirect impact and tailored KPIs …

Race Against The Clock: A Comparative Analysis Of New York State's And Germany's Ambitious High-Voltage Transmission Sitting Laws And What New York Can Adopt From The German Model, Andrew Leahy

Cardozo International & Comparative Law Review

The note argues that New York should adopt elements of Germany's centralized regulatory model to streamline the approval and construction of high-voltage transmission lines, which are critical for meeting renewable energy goals. While both New York and Germany face similar challenges in expanding their grids, Germany's centralized approach, including federal oversight and coordinated planning, has proven more efficient. The note critiques New York's decentralized and uncoordinated process, suggesting that adopting Germany's methods could help New York meet its ambitious renewable energy targets and reduce reliance on peaker plants.

Law In A Hyperconnected World: Joining The Dots For Sustainable Futures, Michelle Lim, Nengye Liu, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

We live in a hyperconnected world. Ecosystems and societies are linked across vast distances like never before. The unprecedented movement of people, goods and products and the transfer of capital and information characterise not only the present but also the conceivable future. Use of the term ‘hyperconnected world’ started to gain traction in the literature towards the turn of this millennium. Mainstreaming of the internet across societies led to the exploration of global hyperconnectivity across a range of spheres including business, investment and computing. The term gained further prominence with its use by the World Economic Forum in the early …

Implementing A 'Sufficient Information Requirement' For Deep-Sea Mining, Stephen Cody, Patricia Esquete

Suffolk University Law School Faculty Works

No abstract provided.

Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …

Offsetting, Paul Govind, Donna Houston, Michelle Mei Ling Lim, Andrew Mcgregor, Emily O'Gormon, Sandie Suchet-Pearson, Jonathan Symons

Research Collection Yong Pung How School Of Law

In Australia, the State of the Environment 2021 report (hereafter, SOE) revealed an unprecedented rate of biodiversity loss. 1 Yet development projects that will reduce biodiversity further continue to receive legal approval. Indeed, shortly after the release of the report, a new outer ring road was approved for construction in the state of Western Australia. 2 Land clearing undertaken as part of the project will result in significant loss of existing habitat for critically endangered western ringtail possums and endangered black cockatoos. This destruction was legitimized through the state government’s commitment to undertake “biodiversity offsetting,” whereby the loss of possum …

Annual Seqra Review: Project Applicants Winning More Cases, Michael B. Gerrard

Faculty Scholarship

New York courts are showing impatience with local governments that withhold or stretch out approval of projects without valid environmental grounds. In seven cases last year under the State Environmental Quality Review Act (SEQRA),courts overturned municipal actions that rejected projects or delayed approvals. In all, the courts decided 46 cases under SEQRA in 2023. Where the government agency had decided that an environmental impact statement (EIS) was not needed, that choice was upheld in 23 cases and overturned in eight. Where an EIS had been prepared, the EIS was upheld in 11 and found inadequate in only one. The remaining …

Pembangunan Sebagai Proses Eksklusi: Kajian Hukum Dan Ekonomi-Politik Atas Proyek Strategis Nasional, Agung Wardana, Dzaki Aribawa Darmawardana

Jurnal Hukum & Pembangunan

Indonesia’s National Strategic Project (NSP) is a priority development agenda of Joko Widodo’s administration. Claiming to serve the public interest, they impact people's livelihoods in order to produce new spaces for the circulation of capital. This article aims to examine PSN by situating it within development discourse and practice. The authors argue that PSN is a mode of development that works through the power of exclusion because it is derived from certain assumptions about class, race, and gender, resulting in different consequences among social groups in society that have unequal power relations. Therefore, the authors suggests that a critical examination …

Death, Taxes, And Clean Energy: How The Inflation Reduction Act Harnesses Tax Law To Revitalize American Clean Energy, James A. Ferguson

The Journal of Business, Entrepreneurship & the Law

This article explores the nature and impact of the IRA’s historic tax reform on U.S. clean energy markets, emphasizing its significance for businesses, American workers, the global community, and the climate. It begins with an overview of federal tax credits for clean energy, comparing German and American approaches to incentivizing clean energy investments. The article then details five key provisions of the IRA, including extensions of the ITC and PTC, creation of new credits, transferability of tax credits, prevailing wage and apprenticeship requirements, and additional tax credits for domestic content and siting. It further analyzes the IRA’s practical implications for …

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Public Lands And Native Americans: A Guide To Current Issues, John D. Leshy

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie

Public Land & Resources Law Review

No abstract provided.

Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter

Public Land & Resources Law Review

No abstract provided.

Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White

Public Land & Resources Law Review

No abstract provided.

Nnalsa Briefs Introduction

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell

Public Land & Resources Law Review

No abstract provided.