Environmental Law Commons^™

Editor In Chief, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Maximizing The Potential Of The Paris Agreement: Effective Review Of Action And Support In A Bottom-Up Regime, Harro Van Asselt, Thomas Hale, Meinhard Doelle, Achala Abeysinghe, Manjana Milkoreit, Caroline Prolo, Bryce Rudyk

Research Papers, Working Papers, Conference Papers

To succeed, the hybrid model of international climate policy embodied in the Paris Agreement requires countries to deliver their nationally determined contributions (NDCs) and to progressively increase collective and individual efforts over time. The effectiveness of this type of regime will require international review processes that provide robust information about countries’ efforts and trajectories and give substantial opportunities for state and non-state actor engagement with this information. The Paris Agreement creates three different review processes, but leaves critical details regarding each to future decisions: It provides for a review of implementation of individual NDCs under an “enhanced transparency framework”, comprising …

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 …

Next Generation Compliance, David L. Markell, Robert L. Glicksman

Scholarly Publications

No abstract provided.

Agriculture, Drainage Districts, And The Clean Water Act: Does What Happens In Des Moines Stay In Des Moines?, Harrison Pittman, Rusty Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

International Investment Law And The Extractive Industries Sector, Lise Johnson, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Since the 1990s, international investment law has been rapidly evolving, resulting in a complex web of over 3,000 investment treaties. These treaties have been used to challenge a wide range of host state actions and inactions that have allegedly negatively affected foreign investors or investments. Those challenges, in turn, expose host states to potentially significant financial costs, and can restrict the ability of such states to maximize the benefits, and limit the environmental and social harms, that can result from the exploitation of natural resources. This briefing note provides an introduction to international investment law, with a view to assisting …

Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz

Sabin Center for Climate Change Law

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.

Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …

Research Governance, Michael Burger, Justin Gundlach

Sabin Center for Climate Change Law

Forthcoming in Climate Engineering and the Law: Regulation and Liability for Solar Radiation Management and Carbon Dioxide Removal (Michael B. Gerrard & Tracy Hester, eds.), this chapter approaches the complex topic of climate engineering research governance in four Parts.

Part I describes the forms research has taken so far and those that are expected in the future. It also offers short summaries of five instances of climate engineering field research conducted since 2009. Part II considers the key issues and concerns that have prompted calls for governance and that have inspired sometimes heated debate of what it should involve. Part …

Climate Change And Sustainable Development In Brazilian Law, Gabriel Wedy

Sabin Center for Climate Change Law

This article aims to explain briefly how the National Policy for Climate Change (NPCC) in Brazil - established by Act 12.107/2009 – is structured. This Act will be critically analyzed according to what is being currently discussed on Climate Change Law, both globally and within the United States.

It will also seek to demonstrate the importance of the constitutional principle of sustainable development provided for in the Brazilian Federal Constitution in order to correct omissions and imperfections of the National Policy for Climate Change, whenever it is subject to interpretation and implementation by the Judiciary branch, the Executive branch and …

Environmental Law: Time To Reboot, James Gustave Speth

Sabin Center for Climate Change Law

Presentation given by James Gustave Speth at the 2016 David Sive Memorial Lecture.

A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger

Sabin Center for Climate Change Law

This paper describes the legal and policy rationale for imposing a fee on federal coal that reflects the costs of the climate change impacts generated by that coal. It notes that the federal government has a duty to mitigate climate impacts from the federal coal leasing program, and that the Department of Interior (“Interior”) and the Bureau of Land Management (“BLM”) have ample authority to impose a climate change impacts fee on coal leases as a form of compensatory mitigation for those coal leases. The paper also discusses technical issues that should be considered when assessing the effectiveness of this …

Considering The Effects Of Climate Change On Natural Resources In Environmental Review And Planning Documents: Guidelines For Agencies And Practitioners, Jessica A. Wentz

Sabin Center for Climate Change Law

This paper describes how climate change will affect natural resources in the United States, and explains why consideration of how climate change will affect those resources is necessary in order to fulfill legal requirements under NEPA and other statutes governing the management of these resources. It also presents examples of how climate change has been meaningfully accounted for in environmental review and planning documents. The accompanying protocol contains guidelines for considering the impacts of climate change in environmental reviews as well as other planning documents (e.g., resource management plans and resource assessments).

Legal Tools For Climate Adaptation Advocacy: The Electric Grid And Its Regulators – Ferc And State Public Utility Commissions, Payal Nanavati, Justin Gundlach

Sabin Center for Climate Change Law

The electric grid connects electricity generators to consumers. State and federal regulators are tasked with ensuring that consumers have access to safe and reliable electricity at just and reasonable rates. The requirements of this task have and will continue to transform as technologies change and as the impacts of climate change alter the context in which the electric grid operates. Thus, regulators who make adapting to climate change a priority will better fulfill their mandate to ensure that utilities provide consumers with safe and reliable electricity at just and reasonable rates. Yet some regulators do not recognize how closely adaptation …

Local Law Provisions For Climate Change Adaptation, Justin Gundlach, P. Dane Warren

Sabin Center for Climate Change Law

In September 2014, New York enacted the Community Risk and Resiliency Act (CRRA), which requires in part that the New York Department of State (DOS) and the Department of Environmental Conservation (DEC) create model local laws relating to climate change adaptation for use by local governments. In an effort to assist the State with drafting model local laws for adaptation; to encourage the State to incorporate a broad range of adaptation strategies, including retreat from areas of high flood risk; and to assist local governments with implementation of these programs. The Sabin Center for Climate Change Law has assembled existing …

Federal Implementation Plans And The Path To Clean Power, Daniel Selmi

Sabin Center for Climate Change Law

Promulgated under the Clean Air Act in October 2015, the Clean Power Plan (“CPP”) requires states to significantly reduce carbon emissions from existing power plants and is the centerpiece of the Environmental Protection Agency’s (“EPA”) response to global warming. Many states have filed lawsuits challenging the CPP and some states have vowed that, if those suits are unsuccessful, they will refuse to implement it. In turn, EPA has proposed rules that would implement the CPP by imposing a “federal implementation plan” (“FIP”) upon those recalcitrant states under the authority of the Clean Air Act. Thus, the success of the CPP …

La Victoria De Urgenda: El Inicio De La Lucha Judicial Frente Al Cambio Climatico, Teresa Parejo Navajas

Sabin Center for Climate Change Law

La Sentencia del Tribunal del Distrito de La Haya de junio de 2015, por medio de la cual se obliga al gobierno de los Países Bajos a adoptar una política de mitigación más ambiciosa, ha supuesto una noticia inesperada y valiente que, sin perjuicio de su – en algunas ocasiones – débil argumentación, supone un importantísimo avance en la lucha contra el cambio climático.

Abstract in English
The ruling of The Hague District Court of June 2015 forces the Dutch government to implement a more ambitious mitigation policy in order to comply with its duty of care. This unexpected and …

Forced Migration After Paris Cop21: Evaluating The "Climate Change Displacement Coordination Facility", Phillip Dane Warren

Sabin Center for Climate Change Law

Climate change represents, perhaps, the greatest challenge of the twenty-first century. As temperatures and sea levels rise, governments around the world will face massive and unprecedented human displacement that international law currently has no mechanism to address. While estimates vary, the scope of the migration crisis that the world will face in the coming decades is startling. In addition to losing their homes, climate change migrants, under current law, will encounter a refugee system governed by a decades-old Refugee Convention that offers neither protection nor the right to resettle in a more habitable place. Armed with the most recent developments …

Eis Database Design Considerations, Sritharan Vinayagamoorthy

Sabin Center for Climate Change Law

This presentation provides an overview of design considerations for a new online database of environmental impact statements.

Designing And Maintaining An Eis Database: Lessons Learned In Developing Library-Based Digital Repositories, Robert T. Cartolano

Sabin Center for Climate Change Law

The Columbia University Libraries/Information Services (CUL/IS) have extensive experience building and maintaining systems for the discovery, access, and preservation of digital objects. This presentation discusses the lessons learned from Libraries projects and the current technologies in use for Libraries digital collections.

Developing An Online Database Of Environmental Impact Statements, Nilda Mesa

Sabin Center for Climate Change Law

An overview of the development of the City of New York's City Environmental Quality Review online database, CEQR Access.

Using Online Databasing To Unlock The Full Value Of Environmental Impact Assessments, Jessica A. Wentz

Sabin Center for Climate Change Law

Government agencies are often required to conduct some form of environmental impact assessment (EIA) before approving a major project or proposal. The documents generated during these assessments contain a wealth of information about baseline environmental conditions, impact assessment methodologies, predicted impacts, and mitigation measures, among other things. This information is compiled at great effort and expense and is valuable in many different applications. Unfortunately, the challenge of locating and searching through these documents poses a serious impediment to effectively harnessing the information contained therein.

Granted, public access to EIA documents has improved considerably in the past decade. Environmental Impact Statements …

Northwestern University Transportation Library Eis Collection – Our History, Roberto A. Sarmiento

Sabin Center for Climate Change Law

An overview of efforts to provide online access to the Northwestern University Transportation Library's collection of environmental impact statements.

Favoring Judicial Discretion Not Tantamount To Ushering In Unpredictability: An Exploration Of The Cercla Circuit Split And A Look At How The Ninth Circuit Sided Correctly Among The Divide, Lorran Hart Ferguson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Epa Not To Blame For Rfs Pitfalls: A Call To Congress To Restructure The Rfs Program, Garlan Joseph Vanhook

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Protecting Kentucky's Honey Bees: What's Killing The Buzz, Why It Matters, And What We Can Do To Help, Christine M. Ficker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Unbearable License Of Being The Executive: A Response To Stacey's Permanent Environmental Emergency, Bruce Pardy

Osgoode Legal Studies Research Paper Series

This article responds to Jocelyn Stacey's "The Environmental Emergency and the Legality of Discretion in Environmental Law". In her article, Stacey attempts to establish the legitimacy of unfettered executive discretion to deal with environmental issues, but the justification that she provides is not up to the task. She asserts that all environmental issues are emergencies but she does not explain why they are so. She proposes to resolve the problem of executive discretion by redefining the rule of law, thereby rendering it an empty shell. Environmental protection and the rule of law do not push in opposite directions. Instead, it …

A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey

Osgoode Legal Studies Research Paper Series

Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept …

What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo

Animal Law Review

This Review analyzes and synopsizes What Can Animal Law Learn from Environmental Law?, edited by Professor Randall S. Abate. The book is a compilation of writings by numerous professionals in the fields of animal and environmental law. This Review introduces the background of the book and those sections most relevant to animal law. The book is divided into four distinct units, and this Review addresses each in turn: (1) Introductory Context, (2) U.S. Law Contexts, (3) International and Comparative Law Contexts, and (4) Vision for the Future. This Review ends by illustrating how academic settings can benefit from the use …

Got Guts? The Iconic Streams Of The U.S. Virgin Islands And The Law’S Ephemeral Edge, Jesse Reiblich, Thomas T. Ankersen

UF Law Faculty Publications

The legal status of “guts” — the ephemeral streams of the U.S. Virgin Islands that typically flow only after rainfall — is uncertain. Furthermore, it is unclear what, if any, property interest the Government of the Virgin Islands, and the public, have in these watercourses. This uncertainty stems from the non-navigable nature of guts, and is compounded by the Virgin Islands’ unique legal system, a legal system that recognizes at least some Danish law from its colonial past, and has seemingly inconsistent provisions purporting to confer legal and regulatory interests in these guts to the Government of the Virgin Islands. …