Examining The Role Of Ags In A Just Transition,
2023
New York University Faculty Account
Examining The Role Of Ags In A Just Transition, Bethany Davis Noll, Terri Gerstein
Pace Environmental Law Review
Tackling the climate crisis requires transitioning from fossil fuel to clean energy, which will necessarily have a significant impact on jobs and the economy overall. The impact of this shift has sometimes been feared as a development that will be harmful to workers and the economy. Fossil fuel jobs are seen as good jobs--well-paid jobs with good benefits and protections--while the emerging clean energy industry has not yet uniformly embraced a high-road employment model. But workers’ rights and environmental concerns are not fundamentally incompatible. There are many policies and tools that can be and are being harnessed to bring about …
Bearing The Torch: A Green New Deal For New York State Agriculture,
2023
Haub Law at Pace University
Bearing The Torch: A Green New Deal For New York State Agriculture, Jack Hornickel
Pace Environmental Law Review
No abstract provided.
Environmental Justice For Food System Workers: Heat- Illness Prevention Standards As One Step Toward Just Transition,
2023
Willamette University
Environmental Justice For Food System Workers: Heat- Illness Prevention Standards As One Step Toward Just Transition, Sarah Matsumoto
Pace Environmental Law Review
The recent dual crises of the COVID-19 pandemic and extreme heat in the Pacific Northwest have brought environmental injustices for food system workers into stark view. These events prompt us to reflect on how and why our existing laws, some of which expressly include environmental justice “tools,” failed to fully protect food system workers during times of crisis, and what changes we might implement to ensure that people employed in food system jobs are safe at their places of work. These events also revealed the need for proactive, prospective changes now before another crisis occurs; indeed, experts believe that global …
Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?,
2023
University of Pittsburgh - Main Campus
Shifting Away From Coal Power: Prioritizing Ratepayers And Communities Vs. Shareholders?, Shanti Gamper-Rabindran
Pace Environmental Law Review
No abstract provided.
Green Transitions In A Covid Economy,
2023
Louisiana State University
Green Transitions In A Covid Economy, Nicholas Bryner
Pace Environmental Law Review
As many elements of a Green New Deal languished in Congress, economic policy took dramatic turns instead to address a different crisis: the Covid-19 pandemic. This Essay explores the way in which legal and policy responses to Covid-19 in the United States—particularly as discourse has focused on the impacts of Covid-19 response on labor markets—may provide insight into the political economy of a Green New Deal. New federal spending toward a just transition is structurally much easier to accomplish than developing new regulatory policy through legislation or executive action and avoids judicial policing of administrative authority.
What Makes It A Just Transition? A Case Study Of Renewable Rikers,
2023
CUNY Law School
What Makes It A Just Transition? A Case Study Of Renewable Rikers, Rebecca Bratspies
Pace Environmental Law Review
This essay offers New York City’s Renewable Rikers as an example of what a just transition might look like in practice. Specifically, this essay describes how Renewable Rikers connects the need for non-polluting energy infrastructure with a broader conversation about decarceration and racial justice to build an inclusive pathway for prosperity and environmental health for all New Yorkers. The first part of this essay sets the stage with a brief overview of the climate crisis. Part two sketches the contours of what constitutes a just transition as that term is used in the Green New Deal Resolution. Part three situates …
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease,
2023
Elisabeth Haub School of Law at Pace University
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
Pace International Law Review
Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy,
2023
Suffolk University law School
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey
Utah Law Review
All cities and towns in the U.S. utilize electric power. Electric power needs to be generated. Now, energized by larger issues of rapid climate change, the U.S. and all nations must transition to lower-carbon-emission sources of power generation, of which wind power currently is the most prominent and used technology. Any community hostile to wind power can pass a highly restrictive amendment to its zoning ordinance that makes the community unattractive or costprohibitive to wind or other power generation projects. There is no requirement under state law for states to allow tens of thousands of cities and towns carte blanche …
Climate Insecurity,
2023
Florida State University College of Law
Climate Insecurity, Shi-Ling Hsu
Utah Law Review
Global climate change causes climatic events such as hurricanes, droughts, floods, and heat waves to occur more frequently and with greater severity. In addition to inflicting direct harms, climatic events disrupt the flow of commerce and natural resources, creating shortages of goods and services, sometimes temporarily, sometimes not. Climate change is getting worse, so climatic events will escalate over time, and as events cumulate, there is the potential for multiple events to heap harm on top of harm, exponentially increasing misery and disruption. What looms is the prospect of shortages of basic life necessities.
A vast literature on food and …
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands,
2023
Property and Enivromental Research Center (PERC)
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood
Utah Law Review
For nearly a century, the federal government has authorized ranchers to graze livestock on large areas of federal lands in the western United States. Federal-land grazing has generated substantial conflict in recent decades, as conservation interests and others have lobbied and litigated against what they view as inappropriate and destructive use of federal lands. This has produced a predictable backlash among ranching interests, including efforts to roll back the regulations relied on by environmental litigants and aggressive confrontations with federal regulators. But such conflict is not inevitable. Competing demands on these lands can be resolved through voluntary means and positive …
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem,
2023
S.J. Quinney College of Law
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess
Utah Law Review
The Greater Yellowstone Ecosystem (GYE), one of the world’s most treasured regions, consists of an interconnected patchwork of federal, state, and private lands. The GYE’s elk, mule deer, and pronghorn antelope (pronghorn) rely on this vast range to complete their seasonal migrations, but development increasingly threatens this natural cycle. Moreover, the GYE’s existing wildlife management framework fails to resolve the tension between wildlife and growth, leaving both wildlife and local communities vulnerable. After reviewing the scope of the GYE’s ecological challenges, this Note proposes a new solution: a policy establishing affirmative easements across designated migration corridors in the GYE and …
New York Environmental Legislation In 2022,
2023
Columbia Law School
New York Environmental Legislation In 2022, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
Several significant environmental bills were enacted by the New York legislature and signed by Gov.Kathy Hochul in 2022, and several others were vetoed. As a result of measures enacted last year, New York will see $4.2 billion invested in environmental protection, restoration, climate resiliency and clean energy projects; potential disproportionate and inequitable impacts on disadvantaged communities will become a key factor in determining whether environmental permits are issued; and apparel containing intentionally added per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the state. In addition, important changes were made to New York’s brownfield and wetlands laws. These …
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars,
2022
Georgetown University Law Center
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules,
2022
Georgetown University Law Center
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Sovereign Lands,
2022
University of Oklahoma College of Law
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming,
2022
University of Oklahoma College of Law
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia,
2022
University of Oklahoma College of Law
West Virginia, Andrew S. Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia,
2022
University of Oklahoma College of Law
Virginia, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah,
2022
University of Oklahoma College of Law
Utah, Alan M. White
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas,
2022
University of Oklahoma College of Law
Texas, Melissa Munson
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.