Offsetting,
2024
Singapore Management University
Offsetting, Paul Govind, Donna Houston, Michelle Mei Ling Lim, Andrew Mcgregor, Emily O'Gormon, Sandie Suchet-Pearson, Jonathan Symons
Research Collection Yong Pung How School Of Law
In Australia, the State of the Environment 2021 report (hereafter, SOE) revealed an unprecedented rate of biodiversity loss. 1 Yet development projects that will reduce biodiversity further continue to receive legal approval. Indeed, shortly after the release of the report, a new outer ring road was approved for construction in the state of Western Australia. 2 Land clearing undertaken as part of the project will result in significant loss of existing habitat for critically endangered western ringtail possums and endangered black cockatoos. This destruction was legitimized through the state government’s commitment to undertake “biodiversity offsetting,” whereby the loss of possum …
Annual Seqra Review: Project Applicants Winning More Cases,
2024
Columbia Law School
Annual Seqra Review: Project Applicants Winning More Cases, Michael B. Gerrard
Faculty Scholarship
New York courts are showing impatience with local governments that withhold or stretch out approval of projects without valid environmental grounds. In seven cases last year under the State Environmental Quality Review Act (SEQRA),courts overturned municipal actions that rejected projects or delayed approvals. In all, the courts decided 46 cases under SEQRA in 2023. Where the government agency had decided that an environmental impact statement (EIS) was not needed, that choice was upheld in 23 cases and overturned in eight. Where an EIS had been prepared, the EIS was upheld in 11 and found inadequate in only one. The remaining …
Law In A Hyperconnected World: Joining The Dots For Sustainable Futures,
2024
Singapore Management University
Law In A Hyperconnected World: Joining The Dots For Sustainable Futures, Michelle Lim, Nengye Liu, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
We live in a hyperconnected world. Ecosystems and societies are linked across vast distances like never before. The unprecedented movement of people, goods and products and the transfer of capital and information characterise not only the present but also the conceivable future. Use of the term ‘hyperconnected world’ started to gain traction in the literature towards the turn of this millennium. Mainstreaming of the internet across societies led to the exploration of global hyperconnectivity across a range of spheres including business, investment and computing. The term gained further prominence with its use by the World Economic Forum in the early …
Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement,
2024
Singapore Management University
Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …
Pembangunan Sebagai Proses Eksklusi: Kajian Hukum Dan Ekonomi-Politik Atas Proyek Strategis Nasional,
2024
Universitas Gadjah Mada
Pembangunan Sebagai Proses Eksklusi: Kajian Hukum Dan Ekonomi-Politik Atas Proyek Strategis Nasional, Agung Wardana, Dzaki Aribawa Darmawardana
Jurnal Hukum & Pembangunan
Indonesia’s National Strategic Project (NSP) is a priority development agenda of Joko Widodo’s administration. Claiming to serve the public interest, they impact people's livelihoods in order to produce new spaces for the circulation of capital. This article aims to examine PSN by situating it within development discourse and practice. The authors argue that PSN is a mode of development that works through the power of exclusion because it is derived from certain assumptions about class, race, and gender, resulting in different consequences among social groups in society that have unequal power relations. Therefore, the authors suggests that a critical examination …
Death, Taxes, And Clean Energy: How The Inflation Reduction Act Harnesses Tax Law To Revitalize American Clean Energy,
2024
Pepperdine University
Death, Taxes, And Clean Energy: How The Inflation Reduction Act Harnesses Tax Law To Revitalize American Clean Energy, James A. Ferguson
The Journal of Business, Entrepreneurship & the Law
This article explores the nature and impact of the IRA’s historic tax reform on U.S. clean energy markets, emphasizing its significance for businesses, American workers, the global community, and the climate. It begins with an overview of federal tax credits for clean energy, comparing German and American approaches to incentivizing clean energy investments. The article then details five key provisions of the IRA, including extensions of the ITC and PTC, creation of new credits, transferability of tax credits, prevailing wage and apprenticeship requirements, and additional tax credits for domestic content and siting. It further analyzes the IRA’s practical implications for …
Table Of Contents,
2024
University of Montana
Letter To The Reader,
2024
University of Montana
Public Lands And Native Americans: A Guide To Current Issues,
2024
University of California College of the Law, San Francisco
Public Lands And Native Americans: A Guide To Current Issues, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine And Wildlife Management In Montana: A Primer,
2024
W.A. Franke College of Forestry and Conservation, University of Montana
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights,
2024
University of Montana Alexander Blewett III School of Law
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.
Co-Stewardship In Practice: Yellowstone Bison,
2024
University of Montana
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Public Land & Resources Law Review
No abstract provided.
Nnalsa Briefs Introduction,
2024
University of Montana
Exemplary Brief For Petitioner,
2024
University of Montana
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Respondent,
2024
University of Montana
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Public Land & Resources Law Review
No abstract provided.
Held V. State, Cause No. Cdv-2020-307,
2024
University of Montana, Alexander Blewett III School of Law
Held V. State, Cause No. Cdv-2020-307, Amber C. Ellison
Public Land & Resources Law Review
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment,
2024
Fordham Law School
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme,
2024
Fordham Law School
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space,
2024
Fordham Law School
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Getting To Green: International Financing For Green Energy Infrastructure In Developing Countries,
2024
Texas A&M University School of Law
Getting To Green: International Financing For Green Energy Infrastructure In Developing Countries, Zach Fechter, Meagan Corser
Texas A&M Law Review
One of the symposium panels discussed financing clean energy projects. One panelist in particular expressed concern about how to build developing countries’ institutional capacity to utilize international financing for green energy. Global institutions like the World Bank and the International Monetary Fund (IMF) provide loans to developing countries conditioned on the countries privatizing and deregulating their energy sectors—otherwise known as austerity. While austerity measures may make sense in developed countries, this Comment argues that developing countries often lack the infrastructure needed to effectively utilize international financing precisely because the loans are conditioned on austerity. The World Bank and the IMF …
