The New Nature,
2016
Columbia Law School
The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton
Faculty Scholarship
First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …
Towards A New International Law Of The Atmosphere?,
2016
Duke Law School
Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener
Faculty Scholarship
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide …
V.7, 2016 Masthead,
2016
University of San Diego
Subnational Discretion Mediating New Climate Regulatory Challenges,
2016
University of San Diego
Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey
San Diego Journal of Climate & Energy Law
Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.
Clever Titles And Insurance Don't Mix: How Dodging Liability Will Allow Insurance Companies To Become A Major Player In Climate Change Law And Policy Reform,
2016
University of San Diego
Clever Titles And Insurance Don't Mix: How Dodging Liability Will Allow Insurance Companies To Become A Major Player In Climate Change Law And Policy Reform, Samantha Daily
San Diego Journal of Climate & Energy Law
While some of the worlds governments and industries have taken action and enforced regulations attempting to mitigate the effects of climate change, the United States has been slow to join. An increasing number of groups and public figures in the United States, however, have started to strongly advocate for climate change policy reform including stricter laws and policies. The insurance sector is a group that can influence the United States to take actions to mitigate the effects of climate change.
The insurance industry comprises a significant part of the United States economy. In 2013, net premiums written for the property …
Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy,
2016
University of San Diego
Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz
San Diego Journal of Climate & Energy Law
In the absence of effective international and federal initiatives to combat the impacts of global climate change, many state, local and regional jurisdictions are passing or proposing measures to curb carbon dioxide (CO2) emissions. The province of British Columbia, Canada, as well as the cities of San Francisco, California and Boulder, Colorado have carbon taxes in place, and similar actions have been proposed in the Oregon and Washington state legislatures. The state of California and the province of Québec have linked together in a joint cap-and-trade system. This Article will examine the fundaments of carbon taxation, including identification of the …
The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries,
2016
University of San Diego
The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries, Liz Harland
San Diego Journal of Climate & Energy Law
The discovery of potential environmental, geo-political, and human health concerns from the production and disposal of millions of Li-ion batteries each year demands stronger government policies to encourage recovery, recycling and reuse of Li-ion battery materials. The increasing demand for lithium will potentially shift the resource curse experienced by oil-rich countries to lithium-rich countries in South America, such as Chile, Argentina, and Bolivia. Part II of this Comment provides an overview of the negative impacts associated with the mining, production, and disposal of Li-ion batteries. It examines the environmental and human health effects of mining lithium on surrounding communities, and …
Environmental Regulation Going Retro: Learning Foresight From Hindsight,
2016
Duke Law School
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Faculty Scholarship
No abstract provided.
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence,
2016
Allard School of Law at the University of British Columbia
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
All Faculty Publications
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Leveraging Federal Land Plans Into Landscape Conservation,
2016
Indiana University Maurer School of Law
Leveraging Federal Land Plans Into Landscape Conservation, Robert L. Fischman
Articles by Maurer Faculty
Professor Fischman’s article suggests several ways in which a mandated unit-level (e.g. an individual national forest) plan can better contribute to goals of a larger region (e.g. the Willamette River watershed) and of federal agencies (e.g. mandates to maintain ecological integrity). The scientific literature is largely in agreement that achieving ecological integrity, adaptive management, and climate change resiliency all require large-scale coordination across property boundaries and jurisdictions. The author takes these widely accepted findings as a starting point and shows how public agencies can implement effective practices. The article attempts to integrate traditional regulatory analysis with actual planning practices as …
A Case For Cooperation: How A Binational Agreement Between The U.S. And Mexico Can Alleviate The Rapid Drawdown Of The Mesilla And The Hueco Aquifer,
2016
University of Texas at El Paso
A Case For Cooperation: How A Binational Agreement Between The U.S. And Mexico Can Alleviate The Rapid Drawdown Of The Mesilla And The Hueco Aquifer, William Lynch Vallee
Open Access Theses & Dissertations
This study examines ways to mitigate the depletion of the Hueco and the Mesilla aquifers in the Paso Del Norte region of the United States and Mexico through a binational legal agreement. By examining the history of cooperation and disagreement between the two nations and extrapolating from three case studies (The Nubian Sandstone Aquifer, The Mountain Aquifer, and The Guarani Aquifer) the research concludes that an agreement is indeed possible and lays out a plan to implement changes.
Climate Change And Forest Governance: Lessons From Indonesia,
2015
Faculty of Law, Universitas Hasanuddin, Indonesia
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Indonesia Law Review
Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.
Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines,
2015
World Maritime University
Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein
World Maritime University Dissertations
The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …
Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies,
2015
University of Michigan-Ann Arbor
Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha
Environmental Studies Faculty Publications
A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …
Natural Resources Defense Council V. United States Environmental Protection Agency,
2015
Alexander Blewett III School of Law at the University of Montana
Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia
Public Land & Resources Law Review
In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before setting the effluent …
University of San Francisco
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study,
2015
CUNY School of Public Health
Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman
Publications and Research
A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …
‘We Are The Monitors Now’: Experiential Knowledge, Transcorporeality And Environmental Justice,
2015
Osgoode Hall Law School of York University
‘We Are The Monitors Now’: Experiential Knowledge, Transcorporeality And Environmental Justice, Dayna Scott
Articles & Book Chapters
Residents of pollution hotspots often take on projects in ‘citizen science’, or popularepidemiology, in an effort to marshal the data that can prove their experience of the pollution to the relevant authorities. Sometimes these tactics, such as pollution logs or bucket brigades, take advantage of residents’ spatially ordered and finely honed experiential and sensory knowledge of the places they inhabit. But putting that knowledge into conversation with law requires them to mobilize a new, ‘foreign’ set of tools, primarily oriented to the observation, measurement and sampling of pollution according to conventional scientific standards. Here, I employ qualitative empirical methods in …
Paris Climate Change Accord Is Just The Beginning,
2015
Western New England University School of Law
Paris Climate Change Accord Is Just The Beginning, Lauren Carasik
Media Presence
No abstract provided.
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine,
2015
Indiana University
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
Indiana Law Journal
In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …
