Environmental Law Commons^™

If We Could Talk To The Animals, How Should We Discuss Their Legal Rights?, Andrew W. Torrance, Bill Tomlinson

Fordham Law Review

The intricate tapestry of animal communication has long fascinated humanity, with the sophisticated linguistics of cetaceans holding a special place of intrigue due to the cetaceans’ significant brain size and apparent intelligence. This Essay explores the legal implications of the recent advancements in artificial intelligence (AI), specifically machine learning and neural networks, that have made significant strides in deciphering sperm whale (Physeter macrocephalus) communication. We view the ability of a being to communicate as one—but not the only—potential pathway to qualify for legal rights. As such, we investigate the possibility that the ability to communicate should trigger legal …

The Missing "T" In Esg, Danielle A. Chaim, Gideon Parchomovsky -- Professor Of Law

Vanderbilt Law Review

Environmental, social, and governance (“ESG”) philosophy is the zeitgeist of our time. The rise of ESG investments came against the perceived failure of the government to adequately promote socially important goals. And so, corporations are now being praised and credited for stepping up where the government has fallen short. In this Essay, we contend that the standard narrative of ESG suffers from a major flaw. The reason for this discrepancy is taxes. The companies that are widely perceived as saviors of the ESG era are in fact the cause of some of the main deficiencies ESG seeks to redress. Astoundingly, …

Rebutting 33 False Claims About Solar, Wind, And Electric Vehicles, Matthew Eisenson, Jacob Elkin, Andy Fitch, Matthew Ard, Kaya Sittinger, Samuel Lavine

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 33 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

Executive Actions To Ensure Safe And Responsible Ocean Carbon Dioxide Removal Research In The United States, Romany M. Webb, Korey Silverman-Roati

Sabin Center for Climate Change Law

This paper presents recommended actions that federal agencies could take, under existing law, to ensure safe and responsible permitting and regulation of ocean carbon dioxide removal (CDR) research in U.S. waters. Controlled field trials and other in-ocean research is critical to improve scientific and societal understanding of ocean CDR techniques that could help the U.S. reach its climate goals. That could raise a host of legal issues, however. Existing legal frameworks were not designed to regulate ocean CDR, and federal agencies have yet to fully explain how decades-old environmental laws will be applied to a new set of activities. This …

Advisory Opinion On Climate Change: Summary Of Written Observations Submitted To The Inter-American Court Of Human Rights (Part 1), Maria Antonia Tigre

Sabin Center for Climate Change Law

On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on Human Rights. Within this context, the IACtHR received a total of 255 amicus brief submissions.

This report includes summaries of the amicus briefs submitted to the Court. Due to the number of submissions received and the short timeframe prior to the hearings, the report is divided into parts. This first …

Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci

Washington Journal of Social & Environmental Justice

No abstract provided.

Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis

Washington Journal of Social & Environmental Justice

No abstract provided.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Keynote Address, David B. Fountain

Georgia Law Review Symposia

David B. Fountain, executive vice president and general counsel, serves as the Tennessee Valley Authority’s (TVA) chief legal officer for enterprise matters. He also provides counsel to the Board of Directors and, as TVA’s Designated Agency Ethics Official, is responsible for promoting an ethical performance culture across TVA. Before assuming his current role, he was senior vice president and vice general counsel.

Fountain joined TVA in June 2020 after serving in various leadership roles for more than 20 years with Duke Energy and predecessor companies Progress Energy and Carolina Power & Light. His most recent title with Duke Energy, a …

Convening Remarks, Andrea L. Dennis

Georgia Law Review Symposia

Symposium convened by Associate Dean Andrea Dennis.

Welcoming Remarks, Braden T. Meadows, Austin Headrick

Georgia Law Review Symposia

Short welcoming remarks by Executive Symposium Editors Braden T. Meadows and Austin Headrick.

Brief Of Children’S Rights Advocates In Support Of Appellees: Held V. Montana, Asha Brundage-Moore, Wyatt Sassman, Catherine Smith

Scholarly Articles

Amici Curiae are members of the Consortium for the Advancement of Children’s Constitutional Rights and Healthy Mothers, Heathy Babies: The Montana Coalition who are children’s rights advocates and legal scholars. Amici submit this brief to: (1) highlight Montana’s Constitution as a leader in advancing children’s constitutional rights; (2) draw this Court’s attention to the Montana Constitution’s text and history recognizing children’s right to a clean and healthful environment; and (3) explain that a decision not to safeguard children’s right to a clean and healthful environment in reliance on adult-centric analytical missteps advanced by Appellants (and supporting Amici) would deny Montana’s …

Comment On Otp Environmental Crimes Policy, Frank Rosenblatt, Shruti Bedi, Philip D. Cave, Giovanni Chiarini, Anne Dienelt

Journal Articles

This letter transmits the views of the National Institute of Military Justice (NIMJ) regarding the ICC Office of the Prosecutor’s Environmental Crimes Policy.

Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector

Arkansas Law Review

Since its inception, the privatization of the National Park Service has been a concern amongst conservationists. Recently, the topic gained more attention as the Trump Administration advocated for privatizing certain aspects of the parks. The dual purpose of the National Park Service, that of conservation and recreational efforts, has created conflict throughout the years. This Comment argues that Congress should update how the National Park Service manages concessioners. Full privatization is not needed, nor do private companies need to be kicked out of the parks. Part II of this Comment will present a history of the National Park Service, focusing …

Low Impact Development In The Coquitlam River Watershed: Barriers And Facilitators In Municipal Laws, Stepan Wood

Centre for Law and the Environment

No abstract provided.

Wyoming V. Environmental Protection Agency, Ayden D. Auer

Public Land & Resources Law Review

Wyoming v. EPA consolidated two petitions for review of a portion of Wyoming’s plans to reduce visibility impacts from two powerplants, Wyodak and Naughton. First, the Tenth Circuit held EPA was incorrect to disapprove Wyoming’s best available retrofit technology determination for Wyodak because EPA based its disapproval on noncompliance with guidelines that are optional to determine the best available retrofit technology for Wyodak. These same guidelines are nonbinding on Naughton as well, and the court held the petitioners failed to persuade the court that EPA’s approval of Naughton was arbitrary and capricious because the petitioners did not establish why Wyoming’s …

Avoiding Performative Climate Justice, Katrina F. Kuh

Elisabeth Haub School of Law Faculty Publications

The Article first sketches the contours of precommitment strategies by identifying examples of precommitment strategies in existing climate change law, and contrasting them with other approaches for advancing justice that are not sticky, automatic, and early, and thus would not be considered precommitments. It then contemplates whether and why sticky, automatic, and early precommitments to justice may be an important strategy to advance justice goals in anticipation of and at high levels of warming. It concludes by analyzing the use of precommitments to justice in the context of the expedited siting and construction of renewable energy infrastructure.