Environmental Law Commons^™

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly alone …

The Protection Of Environmental And Human Rights: An Applied Study Of The Human Right To Live In A Healthy And Clean Environment, Ahmed Salahaldeen Balto Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This research explores the hypothesis of using international human rights law to protect the human right to live in a healthy and clean environment, and four legal methods will be addressed to attempt to achieve it, which are integrating environmental aspects into the current human rights system, formulating a new objective right to live in a clean and healthy environment, litigations of public interest, and justice between generations. This will be clarified by referring to some case-law from the European Court of Human Rights, and various national judicial authorities([1]). The main conclusion of this research is that human …

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice

Connecticut Law Review

Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …

Prevention And Remediation Possibilities In Climate Litigation Against Corporations In Brazil, Danielle Anne Pamplona, Julia Stefanello Pires

Connecticut Law Review

Climate change presents a threat not only to human rights but also to human existence. The United Nations Human Rights Council has recognised that climate change will lead to acute human rights violations, such as forced displacement and deprivation of the rights to housing, health, and personal integrity. Despite scientific warnings and academic debates, it remains necessary to seek effective measures to prevent, mitigate, and adapt to the causes and consequences of climate change. This Essay identifies the normative framework applicable to corporate activities and their relation to human rights and pauses at the United Nations Guiding Principles on Business …

Prioritizing Proximity In Phasing Out Oil And Gas Extraction, Wyatt G. Sassman

Connecticut Law Review

To avoid the most catastrophic impacts of climate change, most of the world’s oil and gas reserves must remain in the ground. In the United States, this would require a dramatic phaseout of oil and gas extraction nationwide over the coming decades. How could we accomplish this? While recent legal scholarship emphasizes the importance of a just transition away from oil and gas extraction, little work has been done to navigate the legal, political, and equity hurdles associated with phasing out oil and gas extraction.

This Article seeks to start this conversation by offering one way to approach phaseouts of …

Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo

Elisabeth Haub School of Law Faculty Publications

The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on the impact of climate change on migration, which marked a first step in federal policy toward recognition of the nexus between climate change and displacement. At the local level, Connecticut has already become a destination for climate-displaced people. For instance, after Hurricane Maria landed in Puerto Rico in 2017, approximately …

Fast-Tracks And Prizes: A Multi-Pronged Approach To Incentivizing Green Technology Innovation, Benjamin Desch

Washington Law Review

Faced with the ever-worsening climate crisis, many nations—including the United States—have increasingly recognized the urgent need for rapid advancements in green, clean, and sustainable technologies. Patents play a fundamental role in incentivizing technological innovation, but the traditional patent process is too slow to match the urgency of the climate crisis. At the same time, the marketplace significantly undervalues green technology patents because they confer benefits to third parties not involved in the transaction (referred to as “positive externalities”). To address the urgency issue, patent “fast-track” programs have been implemented to speed up the patent application review process. To mitigate the …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the plaintiff had never visited the wetland and even though the wetland was on private property not accessible to the plaintiff. The United States District Court for the Northern District of Alabama concluded that acid mine leachate from a refuse pile …

Harmonizing Product-Level Ghg Accounting For Steel And Aluminum, John Biberman, Gyunbae Joe, Perrine Toledano

Columbia Center on Sustainable Investment

Greenhouse gas (GHG) accounting methods for steel and aluminum products have begun converging towards common standards within their respective industries in recent years. However, accounting methods for steel products and aluminum products are still not fully comparable with each other. If emissions are measured and allocated differently for these products, then these accounting differences have the potential to influence materials choices for manufacturers concerned about reducing their reported GHG footprint. Companies could therefore be motivated to make a choice between aluminum and steel according to emissions benefits that materialize from differences in accounting frameworks, but which do not actually exist …

Finance For Zero: Redefining Financial-Sector Action To Achieve Global Climate Goals, Lisa E. Sachs, Nora Mardirossian, Perrine Toledano

Columbia Center on Sustainable Investment

As of 2023, the financial system is woefully misaligned with the world’s climate goals. Six times the current annual level of investment in non-fossil fuel investments is needed between 2023 and 2030 to stay on a 1.5ºC warming pathway. The ratio of clean-energy lending and equity underwriting by banks relative to fossil fuels needs to reach 4 to 1 by 2030, whereas for 1,142 assessed banks, the ratio was between 0.8 and 1 at the end of 2021.

As providers, underwriters, and fiduciaries of trillions of dollars of capital flows annually, financial institutions (FIs) play a critical role in decarbonizing …

Ccsi Submission To The Special Rapporteur On Human Rights And The Environment: Investor-State Dispute Settlement (Isds) Mechanisms And The Right To A Clean, Healthy, And Sustainable Environment, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment

CCSI Submission to the Special Rapporteur on Human Rights and the Environment on investor-state dispute settlement (ISDS) mechanisms and the right to a clean, healthy, and sustainable environment, submitted in June 2023.

Waiving Goodbye To Oil Spill Claims Against The United States: The Eleventh Circuit Creates A Narrow Exception To The Sovereign Immunity Waiver In The Suits In Admiralty Act Of 1920, Anika Akbar

Mercer Law Review

Costs related to oil spills can be extraordinary. Excluding the damage to the environment and to the vessel alone, a responsible party may incur containment costs, clean-up costs, cost of repairing public infrastructures, and fines and fees for causing the spill. Additionally, the owner of the spilling vessel also risks liability for lost profits to other businesses in the surrounding areas, including those that can no longer fish in the affected area. ...

On September 8, 2019, the M/V Savage Voyager (the Vessel) was pushing two tank barges laden with oil along the Tennessee-Tombigbee Waterway (the Waterway) when it approached …

The Hidden Costs Behind Cheap Clothing: Addressing Fast Fashion’S Environmental And Humanitarian Impact, Alexandra L. Bernard

Vanderbilt Journal of Entertainment & Technology Law

The increasing speed at which social media trends come and go has caused fashion trends to accelerate in response to consumers’ ever-changing demands. To keep up with the latest fads, fast fashion companies design their clothing only to withstand a couple of uses before the item is no longer in good condition. The manufacture and discard of cheaply made clothing creates a variety of environmental issues. Brands conceal the treatment and compensation of their workers throughout the supply chain; the available information suggests that garment workers are mistreated. Finally, the disposal of these clothing items creates tension between the United …

The Market-Essential Role Of Corporate Climate Disclosure, George S. Georgiev

Articles

This Article focuses on capital market efficiency as an often-downplayed legal rationale for mandating corporate climate disclosure, and explores it alongside the notion of investor demand, which has assumed a prominent and, increasingly, contested role in debates on climate disclosure. Because market efficiency (encompassing both securities price accuracy and overall capital market allocative efficiency) is generally unobservable, many commentators have instead emphasized the highly visible investor demand for climate-related disclosure as evidenced by shareholder proposals, voting behavior, stewardship policies, and public statements. Unfortunately, investor demand can be disputed, sometimes fairly but most often unfairly, because investor preferences are heterogeneous, dynamic, …

Introduction To The Special Issue: Strengthening Australia–China Biodiversity Dialogue In A Changing World, Nengye Liu, Nengye Liu, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

The historic visit of Mr Gough WHITLAM, then Leader of the Opposition in the Australian Federal Parliament, to Beijing in 1971 led to the establishment of diplomatic relations between Australia and the People’s Republic China in 1972.* Fifty years on, China is now Australia’s largest two-way trading partner in goods and services. This accounts for 32.2 percent of Australia’s trade with the world.1 The Australian Department of Foreign Affairs and Trade (DFAT) highlights that two-way trade between Australia and China, totalling $267 billion, grew 6.3 per cent in 2020–21.2 This is despite the COVID-19 pandemic, border shutdowns and China’s trade-restrictive …

Taking Tennessee Electric With A Private Vehicle Charging Market: An Ev Infrastructure Policy For Conservative States, Claire Bonvillain J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

The transition from petroleum to electricity as a fuel source for vehicles is an essential step in the effort to stop harmful climate change. The transportation sector currently produces more carbon emissions in the United States than any other area. Recognizing this, the federal government and several states have recently devoted resources to facilitating the transition to large-scale electric vehicle (EV) use. In particular, there must be a nationwide network of EV charging infrastructure so that EV drivers can confidently drive EVs anywhere. Much of the legal research on increasing the number of EV charging facilities and consumer EV purchases …

What’S Scope 3 Good For?, Madison Condon

Faculty Scholarship

Opposition to the Securities and Exchange Commission’s (“SEC”) new rule on updated climate risk reporting has focused on one category of disclosures as particularly objectionable: Scope 3 emissions.⁷ Otherwise known as “supply chain emissions,” Scope 3 emissions have been voluntarily reported by a growing number of companies since the term was invented as part of the Greenhouse Gas Protocol in 2001.⁸ They include all the emissions both up and downstream of a corporations’ own activities: the emissions of the privately-owned factory that produced the shoes Target sells, as well as the emissions you burn while driving to the …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the plaintiff had never visited the wetland and even though the wetland was on private property not accessible to the plaintiff. The United States District Court for the Northern District of Alabama concluded that acid mine leachate from a refuse pile …

The Shifting Baseline Syndrome As A Connective Concept For More Informed And Just Responses To Global Environmental Change, Heidi K. Alleway, Emily S. Klein, Liz Cameron, Kristina Douglass, Istar Govia, Cornelia Guell, Michelle Lim, Libby Robin, Ruth H. Thurstan

Research Collection Yong Pung How School Of Law

The concept of the ‘shifting baseline syndrome’ has assisted researchers in under standing how expectations for the health of the environment deteriorate, despite known, often widespread, and significant impacts from human activities. The concept has been used to demonstrate that more accurate assessment of historical ecosystem decline can be achieved by balancing contemporary perceptions with other sorts of evidence, and is now widely referred to in studies assessing environmental change. The potential of this concept as a model for examining and addressing complex and multidimensional social- ecological interactions, however, is underexplored and current approaches have limitations. We perceive the shifting …