Environmental Law Commons^™

Towards Green Crypto Mining: Regulating Sustainability In Canada And Iceland — A Dual Approach With Lessons From Bitcoin And Copper Industries, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

Cryptocurrency mining has emerged as a significant sector within the digital economy, characterised by its substantial energy consumption and its impact on environmental sustainability. The article undertakes a comparative analysis of the regulatory frameworks governing cryptocurrency mining in Canada and Iceland, with a particular emphasis on addressing energy consumption and environmental concerns. The article aims to provide valuable insights into crafting effective regulatory strategies that balance the growth of the crypto mining industry with sustainable energy practices. It will highlight the growing importance of regulating this industry to address these challenges effectively.

L’extraction de crypto-monnaie est devenue un secteur important …

Sackett V. Epa And The Future Of Wetland Protections, Dulaney Marsh

William & Mary Law Review

This Note will analyze prior CWA [Clean Water Act] jurisprudence to formulate a test that remains steadfast to Congress’s purpose in originally including “adjacent” wetlands and acknowledges the scientific understanding of wetlands’ relation to and impact on waters. Part I will provide an overview of the CWA legislation and its application in courts. Part II will specifically analyze the Sackett v. EPA decision in order to find a balance between the “significant nexus” and “continuous surface connection” tests. Part III will address criticisms surrounding the overreach of the CWA. Part IV will conversely address criticism concerning the Court’s decision to …

The International Legal Framework Of Oceanic Shipping Of Carbon Dioxide For Permanent Storage, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

The Intergovernmental Panel on Climate Change defines carbon dioxide capture and storage (CCS) as “a process in which a relatively pure stream of carbon dioxide (CO2) from industrial and energy-related sources is separated (captured), conditioned, compressed, and transported to a storage location for long-term isolation from the atmosphere.” Therefore, CCS encompasses a series of steps, at minimum: capturing carbon dioxide, its transportation to a storage site, and its injection into the subsurface for permanent storage. As such, CCS does not refer to any single activity or technology. This Article focuses on the transportation aspect of CCS and, more precisely, …

Regulating Shipping Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S. federal laws applicable to transportation and geologic storage of carbon dioxide, including laws enacted to implement relevant international treaties. The Article also contextualizes its …

Too Little Too Late: Why The Environmental Justice Problems Caused By The Army Corps's Nationwide Permits Program Run Much Deeper Than Permit 12, Travis O. Brandon

Law Faculty Scholarship

This Article argues that the United States Army Corps of Engineers’ review of Nationwide Permit 12 (NWP 12) is insufficient to remedy the deeper environmental justice defects embedded within the Nationwide Permit Program as a whole. NWP 12, which facilitates expedited authorization of oil and natural gas pipeline crossings under § 404 of the Clean Water Act, has enabled the construction of fossil fuel infrastructure with minimal site-specific environmental review and no meaningful opportunity for public comment. Drawing on theories of procedural environmental justice, the Article contends that the structure of the Nationwide Permit Program systematically disadvantages communities of color …

The Origins Of The Major Questions Doctrine, Rachel Rothschild

Articles

In a series of recent cases, the Supreme Court has invoked the newly named “major questions doctrine” to strike down agency regulations that protect public health and the environment. Several Justices have argued that while the name “major questions” may be new, these decisions are simply the latest iteration in a longstanding effort of the courts to curtail the explosive growth of the administrative state since 1970. The first paradigmatic example of this line of cases is the 1980 “Benzene” case, in which the Supreme Court set aside the Occupational Safety and Health Administration (OSHA)’s new workplace standards for the …

The Three Eras Of Australian Practice On Mpas: The Interaction Between National And International Law And Policy, Ethan Beringen, Nengye Liu, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Australia has attempted to position itself as a world leader in Marine Protected Area (MPA) practice through leveraging its significant national MPA network as well as its heavy involvement in the creation of high seas MPAs in the Antarctic. However, the quality of Australia’s domestic and international MPA practice have separately been subject to similar and convincing critiques. Despite this, little research exists which highlights how these two levels of law-making may interact regarding MPAs. Hence, the question to be addressed is: ‘How does Australia’s domestic and international MPA practice interact?’ Through drawing upon middle power theory to characterise this …

Coral Reef Protection Is Fundamental To Human Rights, Emma F. Camp, Irus Braverman, Genevieve Wilkinson, Christian R. Voolstra

Journal Articles

The intensifying loss of coral reefs from global climate change and local stressors has seen international commitments targeted at conservation and repair, for example the Kunming–Montreal Global Biodiversity Framework. Fulfilling these targets requires decisions to be made on where, when, and how to act, ultimately dictating where limited resources will be deployed. Every choice on action or inaction toward our ocean has direct and indivisible consequences not only for the health of marine ecosystems but also for the health of humans, particularly those who directly depend on marine habitats, both culturally and economically. The well-being of the environment, humans, and …

Changemaker: Tolulope Kevin Olasanoye: Juris Doctrate: From Ideas To Political Action 9-25-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Supporting Rhode Island's Aquaculture 9-23-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Implementing The Inflation Reduction Act: Progress To Date And Risks From A Changing Administration, Romany M. Webb, Martin Lockman, Emma Shumway

Sabin Center for Climate Change Law

The Inflation Reduction Act of 2022 (“IRA”) is the largest investment in climate change mitigation and adaptation in American history. The IRA appropriates more than $142 billion to carry out activities designed to reduce greenhouse gas emissions and protect against the impacts of climate change. This includes up to $37 billion in appropriations for federal loans and loan guarantees, and nearly $105 billion allocated for grants, awards, and other direct spending by federal agencies. In addition, the IRA creates and expands a number of tax credit programs designed to support a broad range of climate-related activities, including investments in clean …

The Last Frontier: Fair Procedure In Informal Administrative Adjudication, Michael Asimow

Michigan Journal of Environmental & Administrative Law

The federal government engages in massive amounts of informal adjudication - a process that resolves a dispute between the government and a private party by making an individualized and legally binding decision without being required to conduct an evidentiary hearing if the dispute is not settled. This article sketches the highly diverse world of federal informal adjudication and surveys the procedural requirements imposed on it by due process and federal statutes. It proposes a set of best practices for conducting and improving informal adjudication that are rooted in those legal requirements. Agencies should adapt these practices to their individual circumstances …

Rewriting Nepa: Statutory Continuity And Disruption In A Polarized Era, Daniel A. Farber

Michigan Journal of Environmental & Administrative Law

For decades the National Environmental Policy Act (NEPA) of 1969 was a paradigm of statutory stability. In 2023 that changed overnight with a major rewrite of NEPA as part of the debt ceiling bill. The text of the statute was hurriedly negotiated between President Biden and House Speaker McCarthy, and then passed with virtually no debate.

This article is the first to analyze the amendments. Due to the frenzied enactment process, NEPA is now loaded with overlapping and partially conflicting language, provisions that seem nonsensical if taken literally, and perplexing gaps. The article teases apart these problems, concluding that the …

An Artificial Intelligence Report Card For Judicial Review, Zoe E. Niesel

Michigan Journal of Environmental & Administrative Law

The rapid advancement of technology, including artificial intelligence (AI), is creating new challenges for judicial review under the Administrative Procedure Act (APA). In late 2023, federal administrative agencies publicly disclosed over 700 use cases of AI that employ sophisticated techniques like machine learning and natural language processing. While the APA's flexible judicial review framework certainly allows agencies to utilize new technologies, the APA also requires explainability of agency decisions; thus, agencies must be able to articulate the reasoning and methodology behind AI-enabled decisions for the purpose of judicial review. This Article examines APA judicial review as it applies to agency …

From Columbus To Lansing: Exploring The Prosecution Of Environmental Crimes Within Epa Region 5, Joshua Ozymy, Melissa Jarrell Ozymy

Michigan Journal of Environmental & Administrative Law

Transgressions of federal environmental law involving significant harm or culpable conduct can result in criminal prosecution. However, we know very little about how such prosecutions have taken place within EPA Region 5, which includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. We undertake a content analysis of 2,807 criminal prosecutions that resulted from U.S. EPA criminal investigations from 1983-2022, selecting all 392 prosecutions occurring within Region 5 for analysis. Results show that over $3.4 billion in monetary penalties, 1,039 years of probation, and over 492 years of incarceration were assessed at sentencing. 33 % of prosecutions centered on water pollution, …

Solving The Stranded Asset Problem Of Retiring Coal Plants: An Evaluation Of Regulatory Approaches, Matthew Appel

Michigan Journal of Environmental & Administrative Law

Meeting the Biden administration's goal of cutting greenhouse gases by at least 50 percent from 2005 levels by 2030 will necessarily require transitioning the U.S. energy system away from carbon-intensive fossil fuels like coal. However, coal plants that are retiring early in states with regulated electricity markets usually still have undepreciated book value that has not yet been recovered from ratepayers. If not handled correctly, these "stranded assets" could have financial consequences for utility companies and cause them to actively oppose the energy transition. This Note aims to evaluate possible solutions to this problem. Through the prism of ratemaking legal …

Financing Pathways For The Energy Transition: A Regional Approach, Ana M. Camelo Vega

Columbia Center on Sustainable Investment

The success of the global energy transition critically requires a shift from a solely national focus to a regional perspective. Regional cooperation is not just a beneficial opportunity; it is an imperative for the future of sustainable energy. Clean energy solutions are inherently regional, necessitating interconnected systems and collaborative frameworks. This regional focus is essential for addressing the complex challenges of the energy transition, requiring comprehensive engineering, institutional, and financial solutions.

This comprehensive report highlights the crucial financing pathways needed to achieve a successful clean energy transition, focusing on four key regions: Africa, Asia and the Pacific, Latin America and …

Taking The Lead On Climate Action And Sustainable Development: Recommendations For Strategic National Transition Planning At The Centre Of A Whole-Of-System Climate Response, Mark Manning, Riona Bowhay, Megan Bowman, Peter Knaack, Lisa E. Sachs, Agnieszka Smolenska, Fiona Stewart, Thomas Tayler, Perrine Toledano, Harald Walkate

Columbia Center on Sustainable Investment

As the global economy transitions to a just, low-emissions, climate-resilient, and nature-positive future, we can expect every sector to transform. However, systemic transformation requires strategic transition planning, effective coordination, and communication across the economy. To facilitate this, governments can play a decisive role by managing change and setting incentives and constraints for private actors. Similarly, private sector actors can enhance their corporate strategies and financing decisions to support this transition. Transition plans serve as a roadmap to transformation by outlining a strategic vision and identifying capital needs, external factors, and dependencies.

CCSI is collaborating with experts at CETEx, King’s College, …

Understanding Climate Change Adaptation And Gentrification Through The Framework Of Uneven Coastal Development In Keansburg, New Jersey, Zachary Paganini

Dissertations, Theses, and Capstone Projects

This study examines the rapid acceleration of coastal development in the United States despite projections of climate change-induced sea level rise. Like no other developed country, the U.S. has transformed its fragile coastline into sites for leisure, consumption, and retirement. These spaces now face the prospect of more frequent and severe storms, as well as land loss and inundation, due to climate change. This dilemma has sparked debates around coastal resilience, adaptation, retreat, and climate gentrification.

While many studies seek to measure perceptions of climate change risk and vulnerability, this dissertation reverses the question by positioning risk perceptions as an …

Legal Hurdles And Pathways: The Evolution (Progress?) Of Climate Change Adjudication In Canada, Camille Cameron, Riley Weyman, Claire Nicholson

Dalhousie Law Journal

Citizens, civil society, and environmental justice organizations are increasingly turning to courts to find solutions to climate change challenges. As of November 2022, the number of climate change litigation cases throughout the world was at least 2.5 times higher than in 2017. A dominant wave of this litigation is one in which claimants assert that governments’ failures to take appropriate mitigation and adaptation measures violate claimants’ rights. We analyze this jurisprudence in this article, with a focus on the recent Ontario Superior Court of Justice decision in Mathur v Ontario. While the claims in this case were dismissed, it is …