Human Rights Obligations And Accountability In The Face Of Climate Change,
2014
Ministry of Foreign Affairs, Maldives
Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Poverty, Climate Change, And Overpopulation,
2014
Yale University
Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: Climate Change And Human Rights: Unpacking The Issues,
2014
University of Georgia School of Law
Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Sue And Settle: Demonizing The Environmental Citizen Suit,
2014
Seattle University School of Law
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …
Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe,
2014
University of Georgia School of Law
Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin
Georgia Journal of International & Comparative Law
No abstract provided.
Dredging The Port Of Savannah To Deepen Georgia's Connections Worldwide,
2014
University of Georgia School of Law
Dredging The Port Of Savannah To Deepen Georgia's Connections Worldwide, David William Bobo Mullens Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa,
2014
University of Idaho College of Law
Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa, Anastasia Telesetsky
Georgia Journal of International & Comparative Law
No abstract provided.
International Law In A Time Of Scarcity: An Introduction,
2014
University of Georgia School of Law
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
Georgia Journal of International & Comparative Law
No abstract provided.
Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States,
2014
University of Georgia School of Law
Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer
Georgia Journal of International & Comparative Law
No abstract provided.
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms,
2014
Harvard Law School
Calling Foul: Deficiencies In Approaches To Environmental Whistleblowers And Suggested Reforms, Emily Becker
Washington and Lee Journal of Energy, Climate, and the Environment
Whistleblowers could facilitate the regulation of the environmental sector at little to no cost to the taxpayer. Often, potential whistleblowers have timely access to information that would enable them to avert or minimize environmental damage and to protect our communities. However, existing federal and state regulations fail to adequately protect environmental whistleblowers and to incentivize potential environmental whistleblowers. These failures unjustly penalize whistleblowers and discourage potential whistleblowers. This article uses research findings and a case study to illuminate these failings and to argue for reforms that would better protect and incentivize whistleblowers
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law,
2014
Florida State University College of Law
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Masthead & Front Matter,
2014
Washington and Lee University School of Law
Masthead & Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
Masthead & Front Matter
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements,
2014
Pace Law School
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Washington and Lee Journal of Energy, Climate, and the Environment
In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …
The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities,
2014
University of Technology Sydney
The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis
Washington and Lee Journal of Energy, Climate, and the Environment
Since 1997 the International Maritime Organization, the United Nations agency responsible for the regulation of the international shipping sector, has been developing rules for the reduction of the sector’s greenhouse gas emissions. Significant difficulties have, however, emerged in the creation of appropriate economic instruments for reducing its greenhouse gas emissions, bringing to the forefront the application of the principle of common but differentiated responsibilities and respective capabilities (“CBBDRC”). A key principle within international climate change law, CBDDRC allows developing States, least developed States and the most environmentally vulnerable to be differentially treated based on their special situation and needs. Developing …
Vulnerability And Power In The Age Of The Anthropocene,
2014
University of California, Davis
Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris
Washington and Lee Journal of Energy, Climate, and the Environment
Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …
Fracking Preemption Litigation,
2014
Washington and Lee University School of Law
Fracking Preemption Litigation, James K. Pickle
Washington and Lee Journal of Energy, Climate, and the Environment
Fracking is not a new technology, but it only recently came to the forefront of energy industry news. Fracking’s recent fame has been both positive and negative. Fracking proponents have lauded the economic and environmental benefits of the process. They cite the process’ ability to extract formerly inaccessible oil and natural gas, which reduces the U.S.’s demand for foreign oil and natural gas and reduces the use of coal. In contrast, fracking opponents state fracking damages the environment by diluting drinking water with harmful chemicals, generating emissions, and creating general nuisances for communities. They believe fracking’s harmful impacts clearly outweigh …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights,
2014
Washington and Lee University School of Law
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
Table Of Contents,
2014
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?,
2014
Washington and Lee University School of Law
Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale
Washington and Lee Journal of Energy, Climate, and the Environment
Energy regulation is not a new topic, but after the Enron scandal, Congress made significant changes. The changes were embodied in the Energy Policy Act of 2005. One major change was to FERC's ability to hand down penalties for market manipulation. Recently, FERC has been aggressively enforcing its power and anticipates anti-manipulation enforcement will be a point of emphasis in the future. The first entity to challenge FERC's power in federal court is Barclays. The Barclays case, other recent enforcement actions, and the regulations FERC has promulgated provide a guide to regulated entities about how and when they should challenge …
Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands,
2014
Washington and Lee University School of Law
Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary
Washington and Lee Journal of Energy, Climate, and the Environment
A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal communities will be left without a buffer against flooding, storm damage, and sea level rise. In addition to putting the public at large in physical danger, significant environmental justice concerns accompany the failure to protect coastal wetlands. In order to protect these ever-diminishing resources, federal and state law makers have enacted regulatory …
