Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?,
2012
Elisabeth Haub School of Law at Pace University
Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Under the Beach and Shore Preservation Act, the State of Florida is authorized to conduct extraordinarily expensive beach renourishment projects to restore damaged coastal properties. The statute advances the State’s interest in repairing the damage to the coastal ecosystem and economy caused by hurricanes, high winds, and storm surges. The effect of a renourishment project conducted under the statute is to fix the legal boundary of the littoral property owner at an Erosion Control Line. Plaintiffs in Walton County v. Stop the Beach Renourishment, Inc. claimed that the statute took their common law property rights to their boundary, which would, …
The Rio+20 Process: Forward Movement For The Environment?,
2012
Elisabeth Haub School of Law at Pace University
The Rio+20 Process: Forward Movement For The Environment?, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This commentary summarizes the events at the recent UN Conference on Sustainable Development, commonly referred to as Rio+20, noting both the role of official national delegations and the diversity of non-state parties that were involved in a variety of venues at and around Rio+20. It sketches the background of sustainable development efforts, maps the road from the original 1992 Rio Earth Summit to the 20th anniversary gathering, and comments on the Conference’s outcomes and their implications for international law and legal institutions. In answer to the much debated question of whether the Rio+20 was a success or a failure, or …
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples,
2012
Elisabeth Haub School of Law at Pace University
Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article first examines the physical, cultural, and economic backgrounds of four vulnerable states—Tuvalu, Seychelles, Maldives, and Bangladesh—and discusses the extent to which each might be affected by sea-level rise. It then considers, in turn, the legal implications of the current rules on maritime delimitation under UNCLOS for the states, along with their efforts to adapt to sea-level rise.
Climate Change, Political Truth, And The Marketplace Of Ideas,
2012
Elisabeth Haub School of Law at Pace University
Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
In a recent interview in Time magazine, EPA administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas endangerment finding under Clean Air Act section 202: “I don't think that history will forget the first time that politicians made a law to overrule scientists.” Proponents of aggressive action to control greenhouse gases are frustrated that the international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in …
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil,
2012
Elisabeth Haub School of Law at Pace University
Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States,
2012
Elisabeth Haub School of Law at Pace University
The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes,
2012
Elisabeth Haub School of Law at Pace University
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decisions under the pollution control statutes administered by the Environmental Protection Agency (EPA) reach startlingly anti-environmental results, but they are explained more by the Court’s overwhelming hostility toward the private enforcement of statutes, rather than an anti-environmental bias. Adding insult to injury, in one of the rare victories for private environmental plaintiffs in those decisions, Justice Kennedy queried whether citizen suits intrude on the President’s Article II executive power and violate the separation of power principles. While other Justices have raised the same concern, Justice Kennedy’s invitation is particularly significant because he is a swing vote in …
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms,
2012
Elisabeth Haub School of Law at Pace University
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article begins from the premise that successful regulation of environmentally significant individual behaviors could achieve meaningful environmental benefits and argues that (1) technology is increasingly making information about individual environmental behaviors and associated harms more accessible; (2) better information about environmentally significant individual behaviors could substantially enhance fledgling efforts to regulate those behaviors; and (3) use of technology-enabled personal environmental information in support of regulation will require the resolution of myriad privacy concerns. The Article seeks to generate and inform a discussion about the appropriate balance between access to personal environmental information and privacy by identifying how regulation can …
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation,
2012
Elisabeth Haub School of Law at Pace University
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …
Arctic Justice: Addressing Persistent Organic Pollutants,
2012
Pace Law School
Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Reflections On Oceans And Sids,
2012
Elisabeth Haub School of Law at Pace University
Reflections On Oceans And Sids, Ann Powers
Elisabeth Haub School of Law Faculty Publications
A great deal has already been written about the UN Conference on Sustainable Development and its outcome document, “The Future We Want”. Much of the commentary has been critical of both the process and the document. To understand the process and the final result, it may be useful to look at how one or two issues advanced over the course of the negotiations. Both ocean advocates and representatives of Small Island Developing States (SIDS) seemed relatively satisfied with the results of the conference, and a look at those interlinked matters is interesting.
Reliable Science: Overcoming Public Doubts In The Climate Change Debate,
2012
Elisabeth Haub School of Law at Pace University
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article will consider the case for instituting a domestic agency that would evaluate the findings from Intergovernmental Panel on Climate Change (IPCC) assessments to improve the credibility and legitimacy of those claims and conclusions for multiple purposes. The proposed agency would consider the robustness of an assessment's conclusions by construing the evidence through the lens of Daubert rather than Frye. Part I will outline the public debate about climate science-what the debate is about and why it exists. Part II will examine the current role of the IPCC-what it is and why it has not been successful in legitimating …
Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites,
2012
Elisabeth Haub School of Law at Pace University
Climate Change And Cercla Remedies: Adaptation Strategies For Contaminated Sediment Sites, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This article considers climate change questions in the context of a particular type of contaminated site--sites with contaminated sediments subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although climate change may impact a variety of waste sites in different ways, even those without sediment contamination, this article focuses on sediment sites so as to frame a more manageable inquiry susceptible to in-depth treatment. The following section, Part II, identifies the vulnerability of contaminated sediment sites to climate change. The section describes sediment contamination, regulatory approaches to remediating contaminated sediments, and how climate change may impact sediment remedies. …
Encouraging Energy Efficiency Through Nepa Comments,
2012
Columbia Law School, Sabin Center for Climate Change Law
Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel
Sabin Center for Climate Change Law
Environmental impact statements (EISs) should analyze the potential for energy efficiency to reduce the adverse impacts of new projects, to make the projects smaller, or to provide more benign alternatives. The National Environmental Policy Act (NEPA) and its state counterparts require EISs for major actions, and provide numerous opportunities for public participation in the EIS process. These opportunities can be used to press for greater consideration, and perhaps adoption, of energy efficiency measures. This paper serves as a guide to commenting on and challenging EISs on the basis of insufficient consideration of the issues of energy efficiency and conservation. It …
Consideration Of Climate Change In Federal Eiss, 2009-2011,
2012
Columbia Law School, Sabin Center for Climate Change Law
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Sabin Center for Climate Change Law
In recent years, climate change has become an increasingly prominent subject of discussion in EISs. A comparison of agency approaches to EIS scope and methodology shows widely varying treatment of climate change impacts. Agencies differ in the methods used to calculate emissions and assess their significance. In addition, the types of indirect impacts addressed and the extent to which the impacts of climate change on the project are included vary.
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs,
2012
Columbia Law School, Sabin Center for Climate Change Law
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Sabin Center for Climate Change Law
Regulating leakage presents potential legal challenges: in our federal governmental structure, states are limited by the Constitution in the extent to which they can regulate activities occurring beyond their own borders, and may be preempted by federal statutes from regulating certain interstate activities altogether. This paper analyzes the legal hurdles that RGGI may face should it choose to address emissions leakage through regulating imported electricity. It focuses on two legal issues in particular, which are generally thought to be the most likely arguments raised against imports regulations: (1) whether imports regulations violate the dormant Commerce Clause (DCC) of the Constitution; …
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions,
2012
University of South Carolina - Columbia
Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas
Faculty Publications
No abstract provided.
Conservation Reliant-Species,
2012
University of Idaho, College of Law
Conservation Reliant-Species, Dale Goble
Articles
A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …
American Natures: The Shape Of Conflict In Environmental Law,
2012
Duke Law School
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
The Egrets Of Marin,
2012
UC Law SF
