Environmental Law Commons^™

Disasters First: Rethinking Environmental Law After September 11, Michael B. Gerrard

Faculty Scholarship

Many environmental statutes were enacted, or at least spurred along, in direct response to disasters. The Federal Water Pollution Control Act of 1972 followed from the Santa Barbara Oil Spill; the Emergency Planning and Community Right-to-Know Act (EPCRA) resulted from the chemical gas disaster in Bhopal, India; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was sparked by the Love Canal incident; and the Oil Pollution Acte was a reaction to the Exxon Valdez oil spill.

The terrorist attacks of September 11, 2001 have led to the Homeland Security Act and to several other enactments. The collapse of the …

Preparing For Climatic Change: The Water, Salmon, And Forests Of The Pacific Northwest, Philip W. Mote, Edward A. Parson, Alan F. Hamlet, William S. Keeton, Dennis Lettenmaier, Nathan Mantua, Edward L. Miles, David W. Peterson, David L. Peterson, Richard Slaughter, Amy K. Snover

Articles

The impacts of year-to-year and decade-to-decade climatic variations on some of the Pacific Northwest’s key natural resources can be quantified to estimate sensitivity to regional climatic changes expected as part of anthropogenic global climatic change. Warmer, drier years, often associated with El Niño events and/or the warm phase of the Pacific Decadal Oscillation, tend to be associated with below-average snowpack, streamflow, and flood risk, below-average salmon survival, below-average forest growth, and above-average risk of forest fire. During the 20th century, the region experienced a warming of 0.8 ◦C. Using output from eight climate models, we project a further warming of …

Understanding Climatic Impacts, Vulnerabilities, And Adaptation In The United States: Building A Capacity For Assessment, Edward A. Parson, Robert W. Corell, Eric J. Barron, Virginia Burkett, Anthony Janetos, Linda Joyce, Thomas R. Karl, Michael C. Maccracken, Jerry Melillo, M. Granger Morgan, David S. Schimel, Thomas Wilbanks

Articles

Based on the experience of the U.S. National Assessment, we propose a program of research and analysis to advance capability for assessment of climate impacts, vulnerabilities, and adaptation options. We identify specific priorities for scientific research on the responses of ecological and socioeconomic systems to climate and other stresses; for improvement in the climatic inputs to impact assessments; and for further development of assessment methods to improve their practical utility to decision-makers. Finally, we propose a new institutional model for assessment, based principally on regional efforts that integrate observations, research, data, applications, and assessment on climate and linked environmental-change issues. …

Coalbed Methane Development In The Intermountain West: Primer, Gary Bryner

Coalbed Methane Development in the Intermountain West (April 4-5)

50 pages (includes color illustrations and maps).

Contains 7 pages of endnotes.

From Kyoto To Marrakech; A Long Walk Through The Desert: Mirage Or Oasis?, Meinhard Doelle

Dalhousie Law Journal

This article reviews the results of four years of negotiations of the parties to the UNFCCC,3 from the Kyoto Protocol signed in 1997 to the Marrakech Accords in 2001. This process was intended to provide the details and operational rules needed for parties to make decisions on whether to ratify and how to implement the Kyoto Protocol in time for the start of the first commitment period in 2008. The author analyzes the Marrakech Accords with respect to the Kyoto Mechanisms, reporting, verification, compliance, and developing country issues, and concludes that the Kyoto Protocol in itself is a negligible step …

The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Law and policy implications of the precautionary principle in the field of marine environmental protection are explored in this paper in a three-part analysis. First, seven slippery aspects of the precautionary principle are highlighted, including confusion in terminology, definitional variations, definitional generalities, the spectrum of precautionary measures available, ongoing philosophical tensions and competing socioeconomic interests, debate over who should be responsible for making precautionary decisions, and limited interpretation by international tribunals. Second, the rather feeble precautionary responses to the tempestuous issues of climate change, hazardous chemicals, and overfishing are described. Third, the potential for the precautionary principle to synergize with …

Canada And The Precautionary Principle/Approach In Ocean And Coastal Management: Wading And Wandering In Tricky Currents, David Vanderzwaag, Susanna Fuller, Ransom Myers

Articles, Book Chapters, & Popular Press

After reviewing the tricky nature of the precautionary principle/approach, such as confusion over terminology and the spectrum of precautionary measures available, the article through a four-part format describes Canadian initiatives and efforts to implement the precautionary principle/ approach in ocean and coastal management. First, Canada's general steps to adopt the precautionary principle are discussed including caselaw developments and the limited embracing of precaution in environmental impact assessment review and strategic planning processes. Second, the paper reviews Canada's efforts to address marine pollution-ocean dumping, land-based, vessel-source and seabed activities- in light of precaution. Third, Canadian experiences with implementing precaution in the …

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine Abdel-Khalik

Michigan Journal of International Law

In order to combat the ever-increasing problem of global warming, developing nations need technology that will limit emissions while allowing for economic growth. This paper will first examine the problem of global warming. In Part II, the paper will explore the reasons developing nations currently are unable to reduce their emissions. In Part III, the paper will look at the factors leading to the success of the Montreal Protocol and examine the global warming debate in light of these factors.

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

Publications

No abstract provided.

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.

Racing The Rising Tide: Legal Options For The Marshall Islands, J. Chris Larson

Michigan Journal of International Law

This Note first describes the threat posed by accelerated sea-level rise. A review of scientific data shows that global warming causes ocean levels to rise and that RMI may need to be evacuated. The current diplomatic efforts to decrease global warming offer few assurances to RMI. In fact, the countries that have obligated themselves to reduce global warming are actually increasing emissions of gases that cause global warming.

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …

Climate Change: The Next Dimension, Lakshman Guruswamy

Publications

No abstract provided.

Beyond Backyard Environmentalism, Archon Fung, Charles F. Sabel, Bradley C. Karkkainen

Faculty Scholarship

From California habitats to Massachusetts toxics, the United States is in the midst of a fundamental reorientation of its environmental regulation, one that is as improbable as it is unremarked Minimally, the new forms of regulation promise to improve the quality of our environment At a maximum, they suggest a novel form of democracy that combines the virtues oflocalism and decentraliz.ation with the discipline of national coordination.

In substance and spirit, this new approach to regulation grows out of the tradition of backyard environmentalism. For two decades, residents of Woburn, Love Canal, and countless other communities across the country have …

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …

Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen

College of Law - Faculty Scholarship

Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …

Municipal Powers Under Seqra, Michael B. Gerrard

Faculty Scholarship

The State Environmental Quality Review Act (SEQRA) confers considerable powers on New York State municipalities. In fact, most municipalities are probably unaware of the full scope of authority they are given by this statute.

Global Trends And The Future Of National Forests, Nels C. Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

23 pages.

Contains 3 pages of references.

Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun

Michigan Journal of International Law

This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

Book Review, Angela V. Tafro

RISK: Health, Safety & Environment (1990-2002)

Review of: VICE PRESIDENT AL GORE, EARTH IN THE BALANCE: ECOLOGY AND THE HUMAN SPIRIT. (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92- 34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]

The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde

Michigan Journal of International Law

This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.

Integrated Environmental Control: The Expanding Matrix, Lakshman Guruswamy

Publications

Professor Guruswamy addresses the configuration of forces creating global warming, and canvasses the action necessary to deal with this challenge. He identifies key reasons accounting for the failure of the United States to take adequate measures to control emissions of carbon dioxide at the national level, and for resisting international attempts to do so. Guruswamy argues that the problem of global warming should be dealt with within the framework of Integrated Environmental Control (IEC)--a radical approach to pollution prevention and modification of product demand. He reasons that by encompassing energy policy within the matrix of pollution control, IEC will promote …

Global Warming: A Comprehensive Approach, Lakshman Guruswamy

Publications

No abstract provided.

A True Comprehensive Approach, Lakshman Guruswamy

Publications

No abstract provided.

Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy

Publications

No abstract provided.

Using Management Techniques To Solve Environmental Problems, Patrick D. Kelly

RISK: Health, Safety & Environment (1990-2002)

Arguing that little effective progress is being made in solving problems of varying urgency, this paper suggests a leadership role for science and engineering societies. It proposes that such societies attempt to prioritize problems and attempt to focus public awareness (and calls to action) in a more systematic way.

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.