Environmental Law Commons^™

Who Makes Esg? Understanding Stakeholders In The Esg Debate, Matthew Diller, Stephanie Betts, Lorenzo Corte, David M. Silk, Scott V. Simpson, Lisa M. Fairfax, Carmen X. W. Lu, David H. Webber, Leo E. Strine, Jr., Sean J. Griffith

Fordham Journal of Corporate & Financial Law

No abstract provided.

Migrants Can Make International Law, Ama Francis

Sabin Center for Climate Change Law

Migrants have the power to make international law as norm creators. The nation-state enjoys a monopoly on violence in domestic jurisgenesis, but international law’s constraint on the use of force provides non-state actors the opportunity to participate in the formation of international legal doctrine without the threat of violence. Scholars have overlooked this nonstate jurisgenerative potential, bound by a state-centric conception of law. This Article applies the claim that non-state actors have the power to influence international law to the transnational issue of climate-induced migration. Climate change intensifies slow- and sudden-onset events, and sudden-onset disasters already displace millions annually. Yet …

U.S. Climate Litigation In The Age Of Trump: Full Term, Korey Silverman-Roati

Sabin Center for Climate Change Law

From beginning to end, the Trump administration pursued an agenda of climate deregulation. The administration aimed a portfolio of actions at weakening federal climate protections and promoting fossil fuels.1 The executive branch did so by aiming to revise and rescind all major Obama-era agency rules to regulate greenhouse gas emissions, leasing public lands for fossil fuel development, attempting to curtail climate impact consideration in National Environmental Policy Act and Endangered Species Act reviews, and withdrawing energy efficiency measures, among other climate deregulation actions.2 Collectively, this effort served to advance the view that humans are not causing serious climate change and …

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …

The Politicization And Polarization Of Climate Change, Williamson Grassle

CMC Senior Theses

In the mid to late 20th-century, climate change and other environmental issues were addressed on a bipartisan basis, with Republican politicians like President Richard Nixon and George H.W. Bush supporting and advancing measures to combat climate change. However, since the 1990s, climate change has become increasingly polarized, with significant polarization in the last decade. This paper dives into the causes behind climate change's politicization and polarization and what the future holds for bipartisan agreement by analyzing peer-reviewed articles, campaign contributions, news stories, political archives, and past interviews with climate experts. The analysis finds that the polarization has been driven by …

Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul

Dissertations & Theses

Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …

Climate Change's Free Rider Problem: Why We Must Relinquish Freedom To Become Free, Natalie M. Roy

William & Mary Environmental Law and Policy Review

Despite the increasing urgency of climate change, countries continue to struggle to cooperate on even modest solutions. Of international accords that are successfully ratified, agreed-upon commitments are mostly hortatory and vague, succeeding only in engendering a fragmented, voluntary compliance scheme. Unsurprisingly, decades of tepid climate action and procrastination have begotten a staggering emissions gap for the world to close by 2030—requiring a collective greenhouse gas reduction of about fifty percent to limit global warming to the 1.5°C benchmark. Yet, global greenhouse emissions have generally risen, not fallen in the last decade, with 2018 marking a record high despite pledges made …

Regulatory Agency Capture: How The Federal Energy Regulatory Commission Approved The Mountain Valley Pipeline, Aakshi Agarwal

Harvey M. Applebaum ’59 Award

The FERC’s history of approving nearly 100% of pipelines and divisive pipeline cases like the Atlantic Coast Pipeline and Mountain Valley Pipeline have driven landowners’ long-standing claims of regulatory agency capture of the FERC. The present research substantiates the claim of capture with a case study of the Mountain Valley Pipeline and uncovers that the FERC is both culturally and corrosively captured. This research also suggests that the capture of the FERC began at its conception during the natural gas crisis and subsequent natural gas bubble, which caused the FERC to follow the industry’s lead. These findings indicate that the …

Prevention And Cure, Michael Pappas

Publications

Laws can address harms in two distinct yet intersecting ways. They may intervene to prevent harms from occurring, or they may allow harms to arise and then try to cure them.

Whether operating separately or in tandem, prevention and cure approaches pervade laws, policies, and individual actions. A landlord may exercise prevention via a "no pets " policy, or she may opt for cure by requiring pet owners to pay a damage deposit and cleaning fee. Alternatively, a combination of prevention and cure governs motorist behavior. Speed limits seek to prevent accidents while negligence liability provides compensation for accident victims. …

Climate-Induced Human Displacement And Conservation Lands, Jessica Owley

Articles

As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

The Subdelegation Doctrine As A Legal Tool For Establishing Tribal Comanagement Of Public Lands: Through The Lens Of Bears Ears National Monument, Daniel Franz

Colorado Environmental Law Journal

No abstract provided.

What's Mine Is Yours: An Analysis Of The Federal Laws Used To Compensate The Navajo Nation And Remediate Abandoned Uranium Mines And Mills On The Reservation, Cody Philips

Colorado Environmental Law Journal

No abstract provided.

Green Infrastructure: Strengthening Federal Policy For Flood Mitigation, Ecosystems, And Community Well-Being, Mckenzie Brandon

Colorado Environmental Law Journal

No abstract provided.

Let My People Go Fishing: Public Stream Access And Navigability On Colorado's Rivers, Peter Jaacks

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Budgetary Courage To Face The Double Crises Of Covid And Climate Change, Frank Pasquale

Faculty Scholarship

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez

Public Interest Law Reporter

No abstract provided.

Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci

Public Interest Law Reporter

No abstract provided.