Environmental Law Commons^™

In Defense Of 2.0°C: The Value Of Aspirational Environmental Goals, Albert C. Lin

Texas A&M Law Review

Aspirational goals, such as the Paris Agreement’s goals of avoiding a global temperature increase of 1.5°C or 2.0°C, can be found throughout environmental law. Such goals, though sometimes unrealistic, perform important functions. They may serve as asymptotic directives that guide implementing entities; yardsticks to measure and evaluate progress; expressions of social values; and expanders of policy space. As asymptotic directives, aspirational goals may push actors to achieve more than they otherwise might accomplish. Incorporated into treaties or statutes, they can serve as guideposts for implementing concrete substantive and procedural requirements. With the passage of time, aspirational goals function as yardsticks …

Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez

Student Theses 2015-Present

This paper addresses the increasing vulnerability that coastal communities face regarding climate crises and rising sea levels. Specifically, this paper investigates the environmental crises facing Charleston, South Carolina, and New York City. The geographical location of these cities places a more severe threat upon their environment, as opposed to urban collectives removed from the immediate effect of rising sea levels. A cross-examination of politics and economics is discussed in order to determine the causal relationship of each city’s engagement with its surrounding environment. This paper examines how each city is affected by climate change, what measures are in place to …

Reno-Sparks Indian Colony V. Haaland, William N. Rose

Public Land & Resources Law Review

Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …

Community Leadership For Healthy Lakes In New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This is the text of a speech given at the 2024 New York State Federation of Lake Associations annual conference on May 3, 2024 in Lake George, New York.

Effectiveness Of Marine Species At Risk Conservation Within The Unep Regional Seas Programme: Taking Stock And Charting Future Courses, Olga Koubrak

PhD Dissertations

The impending biodiversity crises demands urgent, effective action. The transboundary nature of many marine species at risk makes international law a necessary tool in this endeavour. The United Nations Environment Programme and its Regional Seas Programme consists of 18 individual progammes spanning the globe and bringing together 143 countries in regional collaborations. This research project evaluates potential effectiveness of four programmes within the Regional Seas Programme relative to each other on twelve elements looking at legal and institutional structure, as well as regional implementation. The four case studies cover the North-East Atlantic, Mediterranean, East Africa, and Caribbean regions. These programmes …

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …

Ensuring Climate Litigants’ Standing: Insights From National And International Climate Litigation, Florence T.B. Simon

Connecticut Law Review

In March 2023, the Intergovernmental Panel on Climate Change (IPCC) released its Sixth Assessment Report and confirmed unequivocally that human activities are the cause of climate change. Greenhouse gas emissions over the next few years are capable of causing irreversible and catastrophic damage to our planet. Catalyst litigation plays an important role in tackling climate change by prodding governments to assume a role in implementing adaptation and mitigation measures. Despite the extreme consequences that climate change will have on humanity, jurisdictional issues—such as standing—impose considerable hurdles for climate litigants. And these hurdles ultimately keep plaintiffs from obtaining a ruling, or …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

Healthy Rivers Are Critical For Colorado's Water Resources Resilience: How Colorado Water Law Needs To Evolve To Protect Our Natural Stream Systems, John Cyran, Hattie Johnson, Jacquelyn Corday, Andrew Teegarden

Colorado Environmental Law Journal

Over the past 200 years, the large majority of Colorado's rivers have been altered to make way for development, agriculture, or transportation, or to deliver water to users more efficiently. Rivers have been buried by mining debris or concrete, channelized, levied, wholly diverted, riparian vegetation lost by grazing or land use practices, and thousands of miles of streams have become incised, disconnected from their foodplains. Numerous scientific studies over the past twenty years have documented why degraded rivers are problematic and why healthy functioning river systems connected to their foodplains provide numerous critical services beyond water delivery, including increased protection …

Old Farms, New Crop: Agriculture's Historical Influence In Colorado Water Law And Its Leadership Into A Water Scarce Future, Sara Dunn, Andrea Hall

Colorado Environmental Law Journal

No abstract provided.

The Risks And Potential Impacts Of A Colorado River Compact Curtailment On Colorado River In-Basin And Transmountain Water Rights Within Colorado, Eric Kuhn

Colorado Environmental Law Journal

Twenty-plus years of drought and overuse in the Colorado River system have dramatically changed the outlook for water users in the system's Lower and Upper Basins. At the time of this Article's writing, the United States Bureau of Reclamation was simultaneously working on two related, but separate, environmental review processes related to the management of the Colorado River and its major storage reservoirs. The river system was granted a short reprieve in the form of a long overdue and aboveaverage snowpack in the winter of 2022-2023, but all signs point to continued risk presented by an imbalance in the system …

Pesticide Poisonings And Deadly Hazards: Using The Farm Bill To Protect Workers, Melissa Mcelroy

Colorado Environmental Law Journal

No abstract provided.

Give It A Nudge: A Comparative Analysis Of The Values And Application Of Voluntary Environmental Programs In The United States, Pianpian Wang

Dissertations & Theses

In recent years, companies have increased their voluntary commitments to reducing carbon emissions and implementing sustainability goals. While existing research mainly focuses on government-organized voluntary environmental programs (VEPs), exploring corporate voluntary commitments is essential. The business sector’s active role in environmental management is noteworthy. Traditionally, governments have relied on command-and-control regulations and market incentives to compel companies to protect the environment. However, companies are now demonstrating a willingness to go beyond legal requirements. Naturally, we seek answers to whether these commitments are effective, what factors can contribute to their authenticity, and how we compare these voluntary commitments to other VEPs. …

There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford

Journal of Legislation

Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.

Government Procurement, Financial Services, And Environment: Linkages And Implications For The Eu And Brazil, Adeet Dobhal, Lucas Moreira Jiminez

Columbia Center on Sustainable Investment

The relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a …

Circular Economy In The Industrial Goods Sector: A Framework For Understanding Private Sector Progress And Innovation, Chris Albin-Lackey, Madeleine Songy

Columbia Center on Sustainable Investment

A “circular economy” is an economic system that creates a closed loop, allowing for the reuse of resources and minimization of waste. How are circularity principles implemented in the business practices of private companies? “Circular Economy in the Industrial Goods Sector: A Framework for Understanding Private Sector Progress And Innovation” analyzes a diverse cross-section of industrial goods companies and develops a five pillar framework to characterize what good circularity practices look like in practice.

This report was commissioned by Stewart Investors, a long-term investor that looks to drive sustainable development progress through its portfolio. Stewart Investors' approach to stewardship includes …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Keeping It In The Ground: An Analysis Of Colorado Oil And Gas Law And The Legal Tools To Limit Production, Colin Hull

Colorado Environmental Law Journal

No abstract provided.

"Sugar, We're Goin Down"?': Major Questions Doctrine And The Securities And Exchange Commission's Climate Disclosure Rule, Austin S. Mccleery

Colorado Environmental Law Journal

No abstract provided.

A Sustainable Seabed Mining Asset Valuation Code Framework, Keith Macmaster

PhD Dissertations

Seabed mining is governed by the United Nations Convention on the Law of the Sea, the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, the Mining Code, domestic laws of member states, and international law. The central tenets of seabed mining law are to develop the industry in accordance with the Common Heritage of Mankind, provide equitable sharing of financial and economic benefits derived from seabed mining activities, and protect and preserve the marine environment. Moreover, seabed mining must be developed and operated to not …

A Dive Into Ri's Waste Disposal Practices, Kyle Zalabowski

Senior Honors Projects

Preserving natural resources and caring for the environment are significant in many communities today. As environmental conditions become more concerning, effective waste management practices become more critical. This project delves deep into Rhode Island's waste system, focusing on the state's only waste public management facility, the Central Landfill in Johnston. The research goal is to learn about existing practices, understand why other available options for remediation and recycling are not utilized, and determine the local impediments to greater sustainability. Reviewing the Rhode Island General Laws and the Department of Environmental Management's regulations provided an understanding of the legal framework for …

Afraid For The Dark: Regulating Light Pollution Under The Clean Water Act, Katrina Umstead

William & Mary Law Review

Currently, light pollution is only regulated at the state and local level. However, not all states implement legislation to mitigate the adverse effects of ALAN [Artificial light at night]. Nineteen states, the District of Columbia, and Puerto Rico have implemented laws to reduce light pollution. In states without such laws, or in federal waters, light-intensive activities remain unchecked. The rapid increase in light pollution in recent years illustrates the inadequacies of existing state and local regulatory schemes and calls for a new understanding of ALAN as a pollutant to marine ecosystems.

This Note argues that the existing tools in the …

Recommendations To Update The Ftc & Doj’S Guidelines For Collaborations Among Competitors, Cynthia Hanawalt, Denise Hearn, Chloe Field

Sabin Center for Climate Change Law

Existing joint agency guidance from the FTC and DOJ, “Antitrust Guidelines for Collaborations Among Competitors” was written in 2000 and is misaligned with the agencies’ focus on market power considerations and protecting the competitive process. This white paper seeks to provide a rationale and suggestions for revising the collaboration guidelines. We look to examples in other jurisdictions, with an eye to their treatment of sustainability-related collaborations, as many were updated with these considerations in mind. Importantly, we do not recommend that updated guidelines follow international examples in creating explicit sustainability-related carve outs, safe harbors, or exemptions. Due to the complex …

The Private Litigation Impact Of New York’S Green Amendment, Evan Bianchi, Sean Di Luccio, Martin Lockman, Vincent Nolette

Sabin Center for Climate Change Law

The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments” — self-executing individual rights to a clean environment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.”

However, the power of the NYGA and similar green amendments turns …

Convening For (Climate) Change: The Constitutional Case For A U.S. Climate Assembly, Will Mccabe

William & Mary Bill of Rights Journal

This Note argues that a national U.S. Citizens’ Assembly for Climate would not violate the non-delegation doctrine which prevents Congress from improperly delegating its constitutional legislative power to another body. A climate assembly could potentially be authorized in several ways; this Note explores that of Congress convening a climate assembly through statute, either as an independent body or as a body under the authority of the Environmental Protection Agency. Part I examines the current state of American climate policy and the political debate surrounding it, putting forward a case for a novel approach, and also examines the concept of climate …

Shocking Financed Emissions: The Effect Of Economic Volatility On The Portfolio Footprinting Of Financial Institutions, Ilmi Granoff, Tonya Lee

Sabin Center for Climate Change Law

Many financial institutions are now calculating and disclosing their financed emissions, a class of metrics enabling these institutions to calculate the greenhouse gas (GHG) emissions associated with investment and lending activities. These institutions have widely adopted the metric to estimate exposure to climate-related financial risk associated with GHG-emitting activities and to provide shareholders and investors a picture of how their financial activity impacts global climate change. Financed emissions metrics, despite widespread adoption, face two key methodological challenges: lack of comparability of outputs within and between portfolios, and vulnerability of calculations to portfolio volatility. Markets are naturally volatile, but the economic …

Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz

Sabin Center for Climate Change Law

This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …