Environmental Law Commons^™

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …

The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller

Michigan Law Review

Climate change is probably today's greatest global environmental threat, posing dire ecological, economic, and humanitarian consequences. In the absence of a comprehensive regulatory scheme to address the problem, some aggrieved Americans have sought relief from climate-related injuries by suing significant emitters of greenhouse gases under a public nuisance theory. Federal district courts have dismissed four such claims, with each court relying at least in part on the political question doctrine of nonjusticiability. However, one circuit court of appeals has reversed to date, finding that the common law cognizes such claims and that the judiciary is competent and compelled to adjudicate …

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson

Faculty Publications

Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …

Marine Bioinvasions And Climate Change, James T. Carlton, Sandra C. Lindstrom, Celia M. Smith, Jennifer E. Smith

National Invasive Species Council

BACKGROUND

Invasive species are second only to habitat destruction as the greatest cause of species endangerment and global biodiversity loss. Invasive species can cause severe and permanent damage to the ecosystems they invade. Consequences of invasion include competition with or predation upon native species, hybridization, carrying or supporting harmful pathogens and parasites that may affect wildlife and human health, disturbing ecosystem function through alteration of food webs and nutrient recycling rates, acting as ecosystem engineers and altering habitat structure, and degradation of the aesthetic quality of our natural resources. In many cases we may not fully know the native animals …

Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos

UF Law Faculty Publications

The idea of legal theory as a self-conscious theory for inquiry about law has opened up the framework of observation and participation. It has heightened social responsibility in ways that have been creative and receptive to analogies and metaphors from the developments in modern science. This paper explores some of these dominant borrowed metaphors. It further emphasizes the importance of the wide range of concerns in law technically, as well as the law’s capacity to manage and manipulate space and time implicating such issues as weapons of mass destruction, rights of indigenous people, deforestation, and climate change. By giving the …

Climate Change Adaptation And The Structural Transformation Of Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to regulate sources of greenhouse gas emissions quickly snuffed out meaningful progress on the formulation of adaptation strategies designed to respond to the effects of climate change on humans and the environment. Only recently has this adaptation deficit become a concern now actively included in climate change policy debate. Previously treating talk of adaptation as taboo, the climate change policy world has …

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article focuses on a different but related fundamental policy design question: How should federal agencies implement existing statutory authorities to contribute to a coherent national climate change policy? One might ask why we should be concerned with how existing laws can be employed given reasonable expectations that the Obama Administration and Congress are poised to make gains on new federal initiatives. For several reasons, however, it is unlikely that even bold new federal legislation-a comprehensive carbon tax on all fossil fuel consumption or a cap-and-trade program broadly encompassing major emission sources-will obviate the need to solve the puzzle of …

Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan

San Diego International Law Journal

This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …

The Behavioral Wedge: Reducing Greenhouse Gas By Individuals And Households, Michael P. Vandenbergh, Jonathan Gilligan, Gerald T. Gardner, Paul C. Stern

Vanderbilt Law School Faculty Publications

When nations fail to agree, can individual citizens make a difference? The third of our post-Copenhagen features is by Jonathan Gilligan, Thomas Dietz, Gerald T. Gardner , Paul C. Stern, and Michael P. Vandenbergh. They look at the effects that voluntary actions by individuals can have, and at the policies that can best encourage such actions.

Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center

The Promise and Peril of Oil Shale Development (February 5)

The largest known oil shale deposits in the world are in the Green River Formation, which covers portions of Colorado, Utah, and Wyoming. Fully one-half of the world’s oil shale lies within 150 miles of Grand Junction, Colorado, and about 80% of these reserves are on federal land. Estimates of recoverable reserves in the Green River Formation range from 500 billion to 1.53 trillion barrels. At present consumption rates, this is enough oil to satisfy 100% of U.S. demand for well over 100 years.

Development of oil shale could cause significant impacts on the Colorado Plateau. It would provide for …

Slides: Costs And Benefits Of Oil Shale Development, James T. Bartis

The Promise and Peril of Oil Shale Development (February 5)

Presenter: James T. Bartis, Senior Policy Researcher, Rand Corporation

21 slides

Slides: Oil Shale Water Needs, State Water Planning And The Colorado River Compact, Daniel R. Birch

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Daniel R. Birch, Deputy General Manager & Chief Engineer, Colorado River District

17 slides

Slides: The Peril Of Energy Usage, Mike Tupper

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.

9 slides

Slides: The Elusive Bonanza, Randy Udall

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Randy Udall, Co-founder, Association for the Study of Peak Oil-USA

62 slides

Climate Change, Dead Zones, And Massive Problems In The Administrative State: A Guide For Whittling Away, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such as these have dimensions far beyond the capacity of any single agency to manage effectively. Rather, as the Supreme Court recently observed in Massachusetts v. Environmental Protection Agency, agencies, like legislatures, do not generally resolve massive problems in one fell swoop, but instead whittle away over time, refining their approach as circumstances change and they develop a more nuanced understanding of how best …

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …

Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard

Sustainable Development Law & Policy

No abstract provided.

Climate Change And The Regional Human Rights Systems, Megan Chapman

Sustainable Development Law & Policy

No abstract provided.

Standardization Of Redd Monitoring Technology To Level The Playing Field, Beth Zgoda

Sustainable Development Law & Policy

No abstract provided.

Readily Deployable Approaches To Geoengineering: Cool Materials And Aggressive Reforestation, Max G. Bronstein

Sustainable Development Law & Policy

No abstract provided.

Implications Of The Copenhagen Accord For Global Climate Governance, David B. Hunter

Sustainable Development Law & Policy

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the …

Sec Interpretive Guidance For Climate Related Disclosures, Nickolas M. Boecher

Sustainable Development Law & Policy

No abstract provided.

Equitable But Ineffective: How The Principle Of Common But Differentiated Responsibilities Hobbles The Global Fight Against Climate Change, Mary J. Bortscheller

Sustainable Development Law & Policy

No abstract provided.

Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky

Maryland Journal of International Law

No abstract provided.

From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée

Maryland Journal of International Law

No abstract provided.

Success Or Failure?, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

The Copenhagen Climate Conference and its Copenhagen Accord have generally been billed by the press as having been a failure. I think this is a very unfortunate mischaracterisation. The conference was a failure only in not achieving binding commitments to reduce global greenhouse gas (GHG) emission levels sufficiently to meet the requirements identified by the some 3,000 leading global scientists of the UN International Panel on Climate Change (IPCC) to avoid disastrous consequences – such as sea-level rise leading to massive migration, food disruption, water shortages, tropical disease migration, biodiversity destruction, etc. But the conference didn’t expect that this could …

Fsm Vs. Czech: A New “Standing” For Climate Change?, Paulo A. Lopes

Sustainable Development Law & Policy

No abstract provided.

Industry Cries Foul To Epa’S Attempt To Regulate Ghg Emissions Using The Clean Air Act, William J. Walsh, Mark A. Erman

Sustainable Development Law & Policy

No abstract provided.

Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein

University of Colorado Law Review

Neither the National Environmental Policy Act ("NEPA') nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an evergrowing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements ("EISs'). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …