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The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Any top ten list is a bit arbitrary.
In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. My own priorities are public health, climatechange, and preservation of biodiversity/ecosystems. I included all laws passed in the U.S.,
The summary for policymakers of the Intergovernmental Panel on ClimateChange (IPCC) sixth synthesis report was released on March 20th (available online as a PDF ). There is a recording of the IPCC Press Conference – ClimateChange 2023: Synthesis Report for those who are interested in watching an awkward release of the report.
So for my last ClimateLaw and Policy class at UCLA Law this semester, I once again asked my students to tell me what they are thinking about the future of climate policy in light of today’s global circumstances, keeping in mind lessons we’ve learned through the semester. Here’s to new voices and a new direction.
In an earlier post, I tried to figure out when the legal academy first discovered climatechanges. Those first climatechange cases shed light on how new issues get litigated and how courts respond to new science. There were two cases where climatechange was a central issue: City of Los Angeles v.
On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on States obligations regarding climatechange. ii) Peoples and individuals of the present and future generations affected by the adverse effects of climatechange?
A new wave of cases differs from traditional environmental lawsuits by highlighting the connections between preserving the Amazon and the climate, the grave risk of greenhouse gas emissions caused by deforestation, and the critical role of the forest as a major global carbon sink. The timing of these climate disputes is not accidental.
Last week, the Federal Highway Administration finalized an important regulation–the greenhouse gas performance measure. Currently, only 24 states and the District of Columbia have laws requiring them to set targets and track their greenhouse gas emissions from transportation. They just need to put them together.
In preparing to teach a course on climatelaw, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Climate science F.
Eagle County , has important implications for issues such as whether NEPA covers climatechange impacts. greenhouse gas emissions and 0.1% The case, Seven County Infrastructure Coalition v. The eighty-mile stretch of track in question would connect the Uinta Basin with the national rail network. of global emissions.
Energy law used to be an obscure niche subject. Energy law is a hot topic. Law students are thronging to the field, seeing an opportunity to combine social relevance with good-paying jobs. Top law schools are responding by competing for faculty. There are three interlinked reasons for the change. Climatechange.
In an unusual move, the commission is also reviewing what keeping Line 5 operating means for climatechange. Evaluating the impact on climatechange if Line 5 continues to operate is new. “We Kearney’s group argues that would ultimately cut the greenhouse gas emissions from fossil fuels. markets some other way.
The IPCC has released its Sixth Assessment Report on the physical science basis of climatechange. Widespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred. Human-induced climatechange is already affecting many weather and climate extremes in every region across the globe.
Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.
The Scottish Parliament has passed a revised ClimateChange Bill that reshapes Scotland’s approach to reducing greenhouse gas emissions. In a decisive vote of 105 to zero, Members of the Scottish Parliament (MSPs) approved the legislation, with support from all parties except the Scottish Greens, who abstained.
UN Photo/ICJ-CIJ/ Frank van Beek This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climatechange.
A Montana state district court has issued its long-awaited decision in a major climatechange case brought by Montana children against state officials. Judge Seeley did so after presiding over a two-week, non-jury trial in June 2023–the first such climatechange trial in U.S. In Held v. legal history.
A stream of data about methanea potent greenhouse gasis now constantly being beamed down from space. New methane satellites provide a powerful data capability for governments who want to demonstrate leadership in climate policy. Methane is a powerful greenhouse gas, over 80 times more potent than carbon dioxide in a 20-year timespan.
This dire state of affairs is just one of the reasons why the Republic of Vanuatu and more than 100 other nations have drafted a resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on climatechange. On March 29, the UN General Assembly will vote on whether to support Vanuatu’s resolution.
Achieving climate goals requires significant investments in clean energy, transportation, and other climate technologies to reduce greenhouse gas emissions and remove carbon from the atmosphere.
This law is a clear setback for open and accountable energy planning and will mean Ontarians are left in the dark about how critical decisions regarding our energy system are made. The government’s choice to enshrine in law a prioritization of nuclear power is also troubling.
Sabin Center for ClimateChangeLaw Submits Amicus Brief on Climate and Human Rights to Inter-American Court On Friday, November 3, 2023, the Sabin Center submitted an amicus curiae brief to the Inter-American Court of Human Rights in the matter of the Request for Advisory Opinion on climatelaw, human rights, and climate science.
Photo by Mathias Reding on Unsplash Climatechange litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climatechange.
On June 13, 2022, Chile published its ClimateChange Framework Law (“the Climate Act”). The Climate Act includes a binding goal of net zero emissions by 2050 at the latest, following the recommendations of the IPCC. Climatechange regulatory instruments. By Robert Currie Ríos*.
Those following debates on active climate interventions have been expecting – and worrying about – something like this for a few years. This activity cannot have any significant global climate effect. And in all likelihood, they are not breaking any current law or regulation. Could this activity change the climate?
One of the most pivotal agreements in this context is the United Nations Framework Convention on ClimateChange (UNFCCC), which kicked into force in 1994. This establishes a foundation for the right to a stable climate, as nations collectively commit to address climatechange and its impacts.
A friend asked me if a discussion paper published on Statistics Norway’s website, ‘ To what extent are temperature levels changing due to greenhouse gas emissions? ’, was purposely timed for the next climate summit ( COP28 ). I don’t know the answer to his question. But this discussion paper is problematic for sure.
Three of these are highlighted as priority research areas: attribution science, climatechange and human health, and economic modeling. We also identified five strategic areas for further research at the forefront of climate litigation.
On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. Lamb KC and Stephanie Forrest On 7 February 2024, the Supreme Court of New Zealand decided to allow a novel climatechange claim to proceed to trial.
What has Ontario done about climatechange the last 4 years? Once upon a time, Ontario was a provincial leader in fighting climatechange. But today, there is virtually no climate policy in place in the province, and the Ontario government has resorted to becoming a climate pretender. Not by a long shot. .
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered a long-awaited Advisory Opinion on climatechange and international law. This marks the first time that an international tribunal has issued an advisory opinion on State obligations regarding climatechange mitigation.
Today, climatechange is the central, though by no means the only, concern in environmental law. Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. I found only one relevant reference using the term “climatechange” before 1985.
Once enacted by the Governor, these two bills will set a new national standard for greenhouse gas emissions reporting and for disclosure of climate-related financial risks consistent with the framework established by the Financial Stability Board’s Task Force on Climate-Related Financial Disclosure (TCFD).
Can the new advisory opinion interpreting the United Nations Convention on the Law of the Sea (UNCLOS) move us beyond the lethargy of unmet climatechange policy needs ? 29, citing the Vienna Convention on the Law of Treaties, article 31).
UCLA Professor of Law William Boyd. William Boyd is Professor of Law and Michael J. Klein Chair in Law at UCLA Law, with a joint appointment as Professor at the UCLA Institute of the Environment and Sustainability ; Alex Wang is Professor of Law at UCLA Law. UCLA Professor of Law Alex Wang.
In recent years, The Netherlands has become the leading site of climatechange litigation. its district, appellate , and supreme courts decided in favor of Urgenda, an upstart environmental organization, ordering the government to more aggressively reduce greenhouse gas emissions. Everyone produces greenhouse gases.
Planning law has proven to be a useful tool for climate activists seeking to block or challenge new fossil fuel developments. Ireland has been a particular victim of this latter problem, with developers citing concerns over current planning laws as a reason for delays in constructing onshore wind farms, among other facilities.
Aviation is a significant and growing source of greenhouse gas emissions. Opponents will undoubtedly argue that such state-based initiatives conflict with federal law. But the federal government in the United States has failed to address it so far.
Japan ) and a second in Yokosuka in 2019 ( Yokosuka Climate Case ). In the 2019 case, the judgments focused on the procedural aspect of the replacement of the coal-fired power plant and discussion of the climate issues was limited. The court viewed climatechange as an uncertain future danger.
Candidate in the Department of Political Science at Colorado State University Despite being one of the lowest contributors to greenhouse gas emissions that are causing climatechange, Africa has experienced widespread losses and damages attributed to human-induced climatechange. scientific knowledge. Trisos, C.
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climatechange.
A state court judge in the ‘Last Best Place’ just gave the youth climate movement a shot in the arm with the first decision of its kind that directly connects specific state actions to global climatechange and then to injuries suffered by young people. courts have not yet engaged in this kind of fact-finding on climatechange.
In 2022, the Labor coalition passed a law mandating that Australia cut greenhouse gas emissions 43% below 2005 levels by 2030 and reach net-zero by 2050. This March, Australia adopted a follow-up law to implement these targets. The law built on the Safeguard Mechanisms. This seems like Trumpian hyperbole.
On October 30, 2023, the New York Supreme Court, New York County dismissed a significant legal challenge to New York City’s building emissions law, Local Law 97 of 2019. The decision provides clarity to the NYC real estate community that Local Law 97 is valid, enforceable, and constitutional.
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