Environmental Law Commons^™

Shedding Light On Climate Risk In 2025: Upcoming Debates About The Sec's Climate Disclosure Rule, Andrew Bernstein, Cynthia Hanawalt, Lisa E. Sachs, Chloe Field

Sabin Center for Climate Change Law

What will happen to the SEC’s March 2024 climate disclosure rule under the new U.S. federal administration? This paper seeks to contribute to the upcoming debates on this question after the 2024 election. Setting aside ideological considerations, this paper contends with novel questions of implementation and enforcement that the SEC will face in 2025, as it establishes climate disclosure policies under anticipated new leadership. Aided by an in-depth survey of existing climate reporting, the report discusses how companies are likely to determine what climate information is and is not material to their businesses and financial performance, and whether some companies …

The Transformation Of European Climate Litigation, Maxim Bönnemann, Maria Antonia Tigre

Sabin Center for Climate Change Law

In Spring 2024, the European Court of Human Rights ruled for the first time that inadequate climate mitigation violates human rights. The Court’s landmark rulings have significant implications, ranging from the design of domestic climate laws and questions of standing to international trade issues and the European Union’s climate governance.

Building on a symposium by Verfassungsblog and the Climate Law Blog, this book offers the first comprehensive assessment of the rulings in KlimaSeniorinnen, Duarte Agostinho, and Carême. It explores key innovations, missed opportunities, and the untaken paths in European climate litigation.

Environmental Law In Trump’S Second Term, Michael B. Gerrard

Faculty Scholarship

Donald Trump’s victory in the Nov. 5, 2024 election and Republican control of both the Senate and the House (if that happens) will mean a reversal of much of the environmental progress under the Biden administration, just as the 2016 election reversed large parts of the Obama environmental legacy. However, rapid advances in the technology and economics of clean energy have created a momentum that can be slowed but not stopped. States can adopt their own stronger standards despite what happens in Washington, with a few exceptions, and can use their procurement power and their pension funds’ investment clout to …

Addressing Energy Insecurity Upstream: Electric Utility Ratemaking And Rate Design As Levers For Change, Emma Shumway, Diana HernáNdez, QëNdresa Krasniqi, Vivek Shastry, Abigail Austin, Michael B. Gerrard

Faculty Scholarship

Millions of Americans are impacted by energy insecurity each year, in part due to unaffordable and inequitable electricity rates. The electric ratemaking process presents opportunities to confront issues of affordability and equity or to instead entrench traditional approaches. State legislatures, public utility commissions (PUCs), and advocates all play vital roles in making the former a reality. Historically, ratemaking has been criticized as an insular and highly technical process that caters to utilities rather than customers. But states like California and New York are making strides by broadening PUC legal authority to include explicit consideration of equity issues, adjusting incentives and …

Addressing Governance Challenges Of Digitalisation And Sustainability: The Case Of Central Bank Digital Currency, Heng Wang

Research Collection Yong Pung How School Of Law

Digitalisation and environmental sustainability are widely discussed topics. However, their nexus remains underexplored and can pose significant challenges for governments and industries alike. The environmental implications of digitalisation are becoming increasingly pertinent with the advent of central bank digital currencies (CBDCs) and their inherent energy consumption and production of e-waste. On the other hand, digitalisation could potentially support sustainability efforts. This begs the question of how systems of governance, such as regulatory frameworks and internal organisational governance, should harmonise digitalisation and sustainability goals. Such harmonisation entails ensuring that digitalisation processes are environmentally responsible while exploring how the application and features …

Sustainable Development Principles And The Global South In The Context Of Planetary Change, Michelle Lim

Research Collection Yong Pung How School Of Law

The principle of sustainable development is thus a part of modern international law by reason not only of its inescapable logical necessity, but also by reason of its wide and general acceptance by the global community.

Vice-President Weeramantry, Separate Opinion, Gabčíkovo-Nagymaros Project (Hungary v Slovkia), 1997 ICJ Rep 7 (25 September), p 95.

An Analysis On Fiji’S Readiness To Establish Open Ship Registry System, Nanise Rabe

World Maritime University Dissertations

No abstract provided.

Evaluation Of Port Reception Facilities And Ship-Generated Solid Waste Management : A Case Study Of Apapa Port, Nigeria., Abdullahi Gambasha Barau

World Maritime University Dissertations

No abstract provided.

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Tennessee Journal of Law and Policy

No abstract provided.

Federal Nuclear Policy And The 1987 Maine Nuclear Referendum: Viable Initiative Or Legal Cul-De-Sac?, David P. Crocker

Maine Law Review

On November 3, 1987, Maine voters once again rejected a proposal which would have forced closure of the Maine Yankee nuclear power plant, the state's only nuclear utility. The vote was the most recent in a series of attempts to close the plant, utilizing the vehicle of popular referendum. This latest initiative was in large part a consequence of intense public outcry against the possible location of a permanent nuclear waste repository in the state. It is therefore uniquely and personally linked to current passions concerning the future of nuclear electrical generation in the nation. The previous referenda to close …

General Discretion Under Maine's Site Location Of Development Law, Tybe Ann Brett

Maine Law Review

The 1960s brought nationwide concern about the environmental impact of post-World War II development and industrial growth. Efforts to protect the environment took many different forms. Part of Maine's response to the growing need for environmental improvement measures was the Legislature's enactment in 1970 of the Site Location of Development Law (Site Law). The Site Law gives the state control over the location of developments that would substantially affect the environment, rather than leaving such decisions to single towns and individual developers. The Law also addresses concerns beyond those dealt with in air and water pollution control legislation. The Site …

Environmentalism And Antitrust, Albert H. Choi, Daniel A. Crane

Law & Economics Working Papers

In recent years, there has been a proliferation of interest concerning environmental issues and the application of the antitrust laws. Numerous commentators, for instance, have argued that the antitrust enforcement should adjust to reflect the environmental harm (or benefit) that is generated from a competitive condition. In this paper, we take a step back and argue that analysis of the intersection between antitrust and environmentalism should begin with more mundane questions of economics. More specifically, we argue that environmental regulations can inform antitrust analysis by considering (at least) three issues: (1) the impact of environmental regulation on the firms' production …

The Eco-Agency Problem And Sustainable Investment, Moran Ofir, Tal Elmakiess

BYU Law Review

In times of heightened environmental consciousness and a global call for urgent action, corporations are playing a critical role in addressing pressing environmental challenges. As concerns about climate change, resource depletion, and ecosystem degradation intensify, businesses are under mounting pressure to align their strategies with sustainable practices. Despite that, there is strong evidence of underinvestment in sustainability and environmental efforts by corporations. In this Article, we first define the eco-agency problem—the special conflict of interest between the corporate officers who focus on short-term profitability and the other stakeholders who seek long-term profitability and sustainability—and then discuss existing coping measures, such …

The Fiduciary Duty Of Combatting Global Climate Change, Sadie Mapstone

Washington and Lee Law Review Online

Ancient Roman Law codified the concept that there are certain resources that are so great and so important to human survival, that intuitively, no person should own them. Further, the government must protect these resources for the people. Today, this concept is known at the public trust doctrine. According to the contemporary doctrine, the seas, oceans, shores, and submerged lands cannot be privately owned, but shall be held in trust by the government for public use. Relying on the public trust doctrine, climate change litigants have brought a tirade of lawsuits—which have largely been unsuccessful—alleging that the government has a …

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Changemaker: Samuel Filiaggi: Juris Doctorate: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch

Life of the Law School (1993- )

No abstract provided.

Living The Good Life In The Anthropocene, Kevin J. Lynch, Karrigan Börk, Karen Bradshaw, Rebecca Bratspies, Bruce Carpenter, Cinnamon Carlarne, Robin Kundis Craig, Sarah Fox, Josh Galperin, Francis Hicks, Keith Hirokawa, Ruhan S. Nagra, Michele Okoh, Jessica Owley, Amber Polk, Melissa Powers, Shannon Roesler, J .B . Ruhl, Danielle Stokes, Anastasia Telesetsky

Sturm College of Law: Faculty Scholarship

The Stockholm Resilience Centre has concluded that the number of "planetary boundaries" we are crossing has increased from three in 2009, when the Centre's researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between "safe" and "just" planetary boundaries raises questions regarding how to conceptualize the "good life." In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the "good" as well as the various elements necessary to …