Academia

Why Don’t States Implement the Polluter Pays Principle?

Pollution, public domain image from user pelotte at pixabay.

An economic analysis suggests why not

Some time ago, I was thinking about the “polluter pays” principle of international environmental law. In this, the source — not its receiving victim — of pollution or other environmental harm should pay for any remediation done and for ending the pollution.  Yet despite the principle’s normative appeal, countries (or “states” in the language of …

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Environmental Law Centers — Western version

It’s not just on the coasts where law schools works on sustainability.

This is part of an occasional series on the work of environmental law centers. My goal in this series is to highlight one of the ways that law schools work for the public interest, not just on the coasts but throughout the country. Here, I’ll focus on the Interior West — the plains, mountains, and …

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New Fellows Join Emmett Institute to Research and Advance Environmental Law

This fall, the Emmett Institute at UCLA Law is welcoming four new fellows for two-year faculty appointments. Holly Buck, Charles Corbett, Benjamin Harris, and Siyi Shen bring a wide range of experience and training to the Institute, and will contribute to projects on climate engineering, environmental governance in China, and more. The new fellows join …

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It’s time the Safe Drinking Water Act got some respect

A new primer that makes the law accessible and teachable

I have been writing about drinking water issues for the past fifteen years and often been struck at how little attention the Safe Drinking Water Act (SDWA) receives in our field. Passed just two years after the Clean Water Act, it gets scant or no coverage in environmental law casebooks and is rarely taught in …

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Sixth International Geoengineering Governance Summer School, 2019

A brief report from a recent Emmett-convened event

As the severity of climate change risks and the inability of current efforts to adequately limit risks become clear, geoengineering technologies – active large-scale environmental interventions to reduce disruptions caused by elevated greenhouse gases – are increasingly receiving attention and generating controversy. These proposals would either remove and sequester atmospheric carbon dioxide or modify the …

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Defending the Environment, Deep in the Heart of Dixie

It’s not hospitable territory for environmental work, but some law schools are still trying.

National environmental groups tend not to devote many resources to the Deep South.  State governments and often courts are barren ground for environmental arguments.  And.the local activist community is also thin.  Law schools are also fewer in number than in the Northeast or Pacific Coasts.  So what’s going on in those schools in the environmental …

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Conference on the Ocean’s Role in Sustainable Food Production

U.C. Davis Will Host Cutting-Edge Event on September 16-17, 2019

U.C. Davis’ Coastal and Marine Sciences Institute, in conjunction with the UCD School of Law’s California Environmental Law & Policy Center, will host an important and timely conference on September 16-17, 2019.  “The Ocean’s Role in Sustainable Food Production” will offer an in-depth, interdisciplinary look at current scientific, economic, social, legal and governance issues surrounding …

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Does the US have a delegation problem?

A comparison of US and Canadian environmental law indicates perhaps not

One of the big cases at the end of this year’s Supreme Court term was Gundy v. United States, where four justices signaled they were open to reviving a long dormant doctrine, the non-delegation doctrine, to constrain open-ended delegations of authority from Congress to Executive Branch agencies. There’s been various prognostications as to whether the …

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Can Planting Trees Solve Climate Change?

global tree restoration potential

Unfortunately, a new scientific paper overstates forests’ potential

Today, The Guardian reports: Tree planting ‘has mind-blowing potential’ to tackle climate crisis Planting billions of trees across the world is by far the biggest and cheapest way to tackle the climate crisis, according to scientists… As trees grow, they absorb and store the carbon dioxide emissions that are driving global heating. New research estimates …

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There Will Be No Global Environmental Constitution (at Least Not Now)

Global Pact for the Environment

The proposed Global Pact for the Environment stumbles, as expected

In January, I asked in a blog post’s title “Will There Be a Global Environmental Constitution?” and wrote that “some observers are concerned that international environmental law remains insufficient in its scope, depth of commitments, and breadth of participation. Some legal scholars, activists, and others advocate for a comprehensive Global Pact for the Environment.” In …

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