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Articles 121 - 150 of 219
Full-Text Articles in Environmental Law
Decades Of Climate Policy Failure In Canada: Can We Break The Vicious Cycle?, Meinhard Doelle
Decades Of Climate Policy Failure In Canada: Can We Break The Vicious Cycle?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper explores the causes of 20 years of climate policy failure in Canada.
Compliance In Transition: Is Facilitative Compliance Finding Its Place In The Paris Climate Regime, Meinhard Doelle
Compliance In Transition: Is Facilitative Compliance Finding Its Place In The Paris Climate Regime, Meinhard Doelle
Articles, Book Chapters, & Popular Press
The paper explores the current compliance negotiations under Article 15 of the 2015 Paris Climate Agreement. The paper provides an overview of the current state of the negotiations, and considers ways to conclude the negotiations toward an effective compliance system under the Paris Agreement. In the process, the paper explores key differences and similarities between Paris and Kyoto, and identifies possible lessons from the Kyoto compliance experience.
Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop
Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop
Articles, Book Chapters, & Popular Press
This article assesses the IMO’s 2018 Strategy to reduce GHG emissions from international shipping in light of the long-term goals of the Paris Climate Agreement, and considers its ambition, adequacy and effectiveness in ensuring a fair contribution to the global decarbonization effort. The article proceeds in four parts. In Part 1, we offer a brief history of efforts to reduce emissions from international shipping under the UN Climate Regime. This is followed in Part 2 with a similar overview of historical efforts under the IMO. In Part 3, we discuss the key elements of the 2018 IMO Strategy, followed by …
Take Time To Wander Outside Your Comfort Zone, David Spratt
Take Time To Wander Outside Your Comfort Zone, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Annex 6: Changing Ocean Impacts On The Key Forage Fish Species Arctic Cod In The Western Canadian Arctic – Linking Climate Model Projections To Subsistence Fisheries, Nadja Steiner, William W. L. Cheung, Helen Drost, Carie Hoover, Jen Lam, Lisa Miller, Andres M. Cisneros-Montemayor, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai
Annex 6: Changing Ocean Impacts On The Key Forage Fish Species Arctic Cod In The Western Canadian Arctic – Linking Climate Model Projections To Subsistence Fisheries, Nadja Steiner, William W. L. Cheung, Helen Drost, Carie Hoover, Jen Lam, Lisa Miller, Andres M. Cisneros-Montemayor, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai
Reports & Public Policy Documents
This annex highlights the results of a study focusing on the potential impacts of ocean acidification and other climate- related stressors on marine species relevant for subsistence fisheries in the Western Arctic Bioregion. The study uses a knowledge co-production approach developed in the form of a multi-step process based on a combination of modelling and analysis tools including the Scientific Method and Indigenous Traditional Knowledge (Figure A6.1). Once all steps have been completed, uncertainties can be estimated and improvements can be made either with respect to the individual steps or to the linkages between them. The process can then be …
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification, David Vanderzwaag, Nadja Steiner, Jan René Larsen
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification, David Vanderzwaag, Nadja Steiner, Jan René Larsen
Reports & Public Policy Documents
Laws and policies relevant to the potential impacts of climate change and ocean acidification on marine species and coastal communities appear at the global and regional level, as well as the national level (see Annex 6).
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen
The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen
Law Faculty Publications
This Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible …
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Faculty Scholarship
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.- …
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Presidential Executive Orders Duel Over Floodplain Definition As S.E. Florida Prepares For Sea Level Rise, Brion Blackwelder
Fordham Environmental Law Review
No abstract provided.
A Just Transition: Why Transitioning Workers Into A New Clean Energy Economy Should Be At The Center Of Climate Change Policies, J. Mijin Cha
Fordham Environmental Law Review
With a hostile federal administration, states must take up the fight against climate change. Shortly after the United States withdrew from the Paris Climate Accord, governors from several states announced efforts to meet the targets. This article argues that state level climate actions must consider the economic consequences of climate policy. A shift away from fossil fuels is a fundamentally necessary step in the fight against climate change. However, the economic impact of this shift will be felt most acutely by fossil fuel workers and communities, many of which are already facing economic hardships. Attention and resources must be focused …
California's Climate Diplomacy And Dormant Preemption, David L. Sloss
California's Climate Diplomacy And Dormant Preemption, David L. Sloss
Faculty Publications
After President Trump announced that the United States would withdraw from the Paris climate agreement, Governor Brown issued a joint statement with his counterparts from New York and Washington, announcing that the three governors “are teaming up to fight climate change in response to President Trump’s” withdrawal decision. A few days later, Governor Brown met in Beijing with China’s President Xi Jinping. The Chinese President reportedly “welcomed California’s efforts to work with the Chinese government to help combat global warming.” According to the California government web site, the state is party to a total of 54 “international agreements” on climate …
Do Not Forget To Wear A Hat, Michael Herz
Do Not Forget To Wear A Hat, Michael Herz
Online Publications
President Trump’s tweets get all the attention, but those from others in the federal government can also be pretty striking. Consider how the U.S. Environmental Protection Agency’s (EPA) Twitter feed is taking on global and local environmental threats.
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
Improving Native American Tribes’ Voice In International Climate Change Negotiations, Jin Hyung Lee
American Indian Law Journal
No abstract provided.
Grid Modernization And Energy Poverty, Shelley Welton
Grid Modernization And Energy Poverty, Shelley Welton
Faculty Publications
Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez
William & Mary Environmental Law and Policy Review
No abstract provided.
The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson
The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson
Faculty Publications
Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfully address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs under legal challenge, and both falling short of the flexible, economy-wide policy many believe is necessay, academic and policy attention …
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann
Faculty Scholarship
This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.
But renewable portfolio standards, feed-in tariffs, and …
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes
Utah Law Faculty Scholarship
Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …
Nova Scotia's Cap & Trade System: A Modest Proposal, Meinhard Doelle
Nova Scotia's Cap & Trade System: A Modest Proposal, Meinhard Doelle
Articles, Book Chapters, & Popular Press
The government of Nova Scotia has just released a discussion paper on its proposed Cap and Trade (C&T) System for provincial GHG emission reductions. The C&T system is a key component of Nova Scotia’s contribution to Canada’s overall effort to implement the Paris Climate Agreement in line with the Pan Canadian Framework on Climate Change. This article summarizes the key elements of the proposed system, identified shortcomings and proposes a way forward for Nova Scotia.
The Paris Climate Agreement – Assessment Of Strengths And Weaknesses, Meinhard Doelle
The Paris Climate Agreement – Assessment Of Strengths And Weaknesses, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper provides an overview of the core elements of the Paris Climate Agreement and offers an assessment of its key strength and weaknesses. The paper concludes with thoughts on what is required for its effective implementation.
Business Responsibilities For Human Rights And Climate Change - A Contribution To The Work Of The Study Group On Business And Human Rights Of The International Law Association, Sara L. Seck
Reports & Public Policy Documents
This contribution to the work of the International Law Association’s Study Group on Business and Human Rights considers the relationship between business responsibilities for human rights and climate change. While it is now widely accepted that the adverse effects of climate change undermine the enjoyment of human rights, and that businesses have a responsibility to respect human rights, the relationship between business responsibilities for human rights and climate change is unclear. This paper first considers state duties to protect human rights from climate change harms, including harms arising from business activities, and second, considers how the business responsibility to respect …
Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr.
Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr.
Utah Law Review
In response to the historic Paris Agreement on climate change and to the Environmental Protection Agency’s recently finalized Clean Power Plan, economists and other climate policy experts have renewed the call for the United States to adopt a carbon tax. Opposition among the public presents a major obstacle. While a majority of the public supports government action on climate change, most people favor the use of “green” subsidies and command-and-control regulations — a fact that frustrates economists of all political stripes who contend that a carbon tax would be much cheaper and more effective. This Article argues that a cognitive …
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Why The U.S. Coal Industry And Its Jobs Are Not Coming Back, James M. Van Nostrand
Law Faculty Scholarship
No abstract provided.
Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins
William & Mary Environmental Law and Policy Review
No abstract provided.
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg
Faculty Publications
No abstract provided.
Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard
William & Mary Environmental Law and Policy Review
No abstract provided.
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani
Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Ulan Galperin, Zaheer Tajani
Elisabeth Haub School of Law Faculty Publications
The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Contributions to Books
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
The State of New Jersey, the Borough of Harvey Cedars, and the United States Army Corps of Engineers were all preparing for an event like Hurricane Sandy years before the 2012 super-storm made landfall along the Mid-Atlantic coast. The governments began, for instance, a major dune restoration project in 2005 in order to protect the New Jersey coast from massive storm surges that could destroy homes and businesses. To carry out the effort, the local governments sought to purchase the right to build along the seaward portion of property owners' land, and would then construct roughly twenty-foot-high, thirty-foot-wide dunes. If …
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind
Utah Law Faculty Scholarship
In order to effectively adapt to climate change, public officials and other stakeholders need to rapidly enhance their understanding of local risks and ability to collaboratively and adaptively respond. We argue that science-based role-play simulation exercises, a type of ‘serious game’ involving face-to-face mock decision-making, have considerable potential as education and engagement tools for enhancing readiness to adapt. Prior research suggests role-play simulations and other serious games can foster public learning and encourage collective action in public policy-making contexts. However, the effectiveness of such exercises in the context of climate change adaptation education and engagement has heretofore been underexplored. We …