China's "Green Leap Forward" Toward Global Environmental Leadership,
2011
University of Maryland Francis King Carey School of Law
China's "Green Leap Forward" Toward Global Environmental Leadership, Robert V. Percival
Faculty Scholarship
This article argues that China may be on the verge of a “Green Leap Forward” that could make it a global environmental leader. This article argues that two principal forces have contributed to this development. First, Chinese officials now realize that a global shift away from fossil fuels will create enormous business opportunities on a global scale. Chinese companies are now making enormous strides in the development of green technology, such as solar power, wind energy, and electric cars, with the active assistance of the Chinese government. Second, realizing that climate change severely threatens China, and stung by the criticism …
Too Big To Obey: Why Bp Should Be Debarred,
2011
University of Maryland Francis King Carey School of Law
Too Big To Obey: Why Bp Should Be Debarred, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Building A Latin American Coalition On Forests: Negotiation Barriers And Opportunities,
2011
Vanderbilt University Law School
Building A Latin American Coalition On Forests: Negotiation Barriers And Opportunities, Maria Banda, John Oppermann
Vanderbilt Journal of Transnational Law
This Article looks at how these difficulties might be remedied to allow Latin America to lead the world to a robust anti-deforestation agreement. Part I provides a concise background on the REDD talks at the 2009 Copenhagen Climate Conference, which serves as a useful illustration of the substantive and procedural challenges in the ongoing deforestation negotiations. It identifies the main stakeholders at the climate talks and the camps in which national delegations organized themselves at Copenhagen. It then reviews the major substantive roadblocks in the REDD negotiations and identifies a series of analytical, ideological, and structural barriers that impeded significant …
Migratory Connectivity And The Conservation Of Migratory Animals,
2011
American University Washington College of Law
Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Offsetting And The Consumption Of Social Responsibility,
2011
American University Washington College of Law
Offsetting And The Consumption Of Social Responsibility, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This Article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market …
Natural Resource “Conflicts” In The U.S. Southwest,
2011
American University Washington College of Law
Natural Resource “Conflicts” In The U.S. Southwest, William Snape
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Environmental laws and the ecosystems they support are under attack. Intermittently since the Reagan administration and increasingly since the 2008 economic collapse, certain politicians and their industry sponsors have inundated the media with angry rhetoric, blaming historic job losses on "overregulation."' Environmental laws are a frequent target of these politicians who often benefit from contributions supplied by the fossil fuel and mining industries. Ignoring the successes of these laws- cleaner air, cleaner water, and recovering imperiled wild species and habitat-they claim that environmental regulations are "job killers." Reflecting the success of these claims, the recent House Fiscal Year 2012 …
A Tradable Conservation Easement For Vulnerable Conservation Objectives,
2011
Indiana University Maurer School of Law
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
Articles by Maurer Faculty
The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Prompted to consider that likelihood, we can similarly predict that landscape fragmentation, invasive species, and other catastrophes— anthropogenic and natural—may also seriously diminish the capacity of particular parcels of land to serve narrowly defined conservation purposes, and especially, the conservation of a particular element of biodiversity.
Statutory Reform To Protect Migrations As Phenomena Of Abundance,
2011
Indiana University Maurer School of Law
Statutory Reform To Protect Migrations As Phenomena Of Abundance, W. William Weeks, Jeffrey B. Hyman, Andrea Need
Articles by Maurer Faculty
Animal migrations capture the human mind and heart like few other natural phenomena. Migrations provide ecological, psychological (e.g., aesthetic), cultural, and economic benefits. Increasingly, though, migrations are being recognized as threatened phenomena-that is, spectacular aspects of the life history of animal species often involving large numbers of individuals, but which are threatened with impoverishment or demise, even though the species per se may not be in peril. Migration phenomena are themselves worthy of protection, as a category of biodiversity Yet, conserving migratory populations and their migrations is particularly problematic. Migratory animals are especially vulnerable to a variety of threats because …
From Global To Polycentric Climate Governance,
2011
Indiana University Maurer School of Law
From Global To Polycentric Climate Governance, Daniel H. Cole
Articles by Maurer Faculty
Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an alternative theoretical framework for reconstructing global climate policy in accordance with the polycentric approach to governance pioneered in the early 1960s by Vincent Ostrom, Charles Tiebout, and Robert Warren. Instead of a thoroughly top-down global regime, in which lower levels of government simply carry out the mandates of international negotiators, a polycentric approach provides …
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism,
2011
Indiana University Maurer School of Law
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson
Articles by Maurer Faculty
The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into …
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements,
2011
University of Miami School of Law
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Articles
No abstract provided.
Conservation Easements At The Climate Change Crossroads,
2011
University of Miami School of Law
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
Environmental Implications Of The 2010 Constitution Of The Kyrgyz Republic,
2011
Singapore Management University
Environmental Implications Of The 2010 Constitution Of The Kyrgyz Republic, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
On 7 April 2010, the Bakiyev Government of the Kyrgyz Republic was overthrown in a civil uprising. Following this, the subsequent interim government introduced the draft of a new Constitution. This draft Constitution significantly reduced the powers of the President. On 27 June 2010, this draft was approved by 90 per cent of voters in a referendum
Teaching Intrapersonal Intelligence As A Lawyering Skill: Introducing Values Systems Into The Environmental Law Syllabus,
2011
Columbia Law School, Sabin Center for Climate Change Law
Teaching Intrapersonal Intelligence As A Lawyering Skill: Introducing Values Systems Into The Environmental Law Syllabus, Michael Burger
Sabin Center for Climate Change Law
The ranges and types of problems with traditional law school curricula, pedagogies, and learning cultures are well-rehearsed, and have been framed, narrated, and analyzed in a number of prominent venues, along with suggested improvements and proposals for systemic reform. This Essay addresses one aspect of the ongoing and pervasive critique: the need to develop in law students the diverse intellectual competencies that the practice of law requires. Working within the framework of Professor Howard Gardner’s theory of multiple intelligences, I argue that intrapersonal intelligence and the self-reflexive analytic process it invokes are important tools in the practicing lawyer’s toolbox, and …
Measurement, Reporting & Verification Of Chinese Mitigation Commitments,
2011
Beijing Normal University
Measurement, Reporting & Verification Of Chinese Mitigation Commitments, Quiyan Zhao
Sabin Center for Climate Change Law
This paper discusses China's new transparency pledge – MRV as it relates to Chinese mitigation commitments – as laid out in the non-legal binding agreement reached at the United Nations Climate Change Conference in Copenhagen on December 18. 2009. Specifically, this paper compares China’s position on MRV with relevant mechanisms and requirements under the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Bali Action Plan, and the Copenhagen Accord. Furthermore, this paper seeks to answer several questions pertinent to the progress and challenges of China’s MRV regime: Are China’s GHGs emissions measured continuously? Are there review …
The Evolution Of International Environmental Law,
2011
Georgetown University Law Center
The Evolution Of International Environmental Law, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
In the last forty years, international environmental law has evolved rapidly, as environmental risks have become more apparent and their assessment and management more complex. In 1972, there were only a few dozen multilateral agreements, and most countries lacked environmental legislation. In 2011, there are hundreds of multilateral and bilateral environmental agreements and all countries have one or more environmental statutes and/or regulations. Many actors in addition to States shape the development, implementation of, and compliance with international environmental law. Moreover, environment is increasingly integrated with economic development, human rights, trade, and national security. Analyzing the evolution of international environmental …
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project,
2011
New England Law
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias
American Indian Law Review
No abstract provided.
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group,
2011
Duke Law School
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
Faculty Scholarship
The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …
The Curious Case Of Greening In Carbon Markets,
2011
Duke Law School
The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd
Faculty Scholarship
Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …
A "Fisheye" Lens On The Technological Dilemma: The Specter Of Genetically Engineered Animals,
2011
Lewis & Clark Law School
A "Fisheye" Lens On The Technological Dilemma: The Specter Of Genetically Engineered Animals, George Kimbrel, Paige Tomaselli
Animal Law Review
One year ago, the United States Food and Drug Administration (FDA) proposed approval of the first genetically engineered (GE or transgenic) animal for food production—a salmon engineered to grow much faster than normal using genetic material from an ocean pout. Faced with concerns from scientists and the public that these “super” salmon will escape into the wild and be the final blow to wild salmon, proponents crafted a scheme that is half Michael Crichton, half Kurt Vonnegut: The engineered salmon eggs will begin life in a lab on a frozen Canadian island, then be airlifted to a guarded Panamanian fortress, …
