International Environmental Law

The Supreme Court’s Earliest Pollution Cases

Long before Congress, a notoriously conservative Court started taking pollution seriously.

Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. That was in 1901. Six years later, the Court decided its first air pollution case.  Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism.  Quite the contrary. …

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Will Russia “Win” the Climate Crisis?

It’s complicated. But probably not.

The conventional view is that climate change is going to be a great thing for Russia.  The reason is pretty obvious: a lot of Russia is cold and icy right now; warming will be an improvement. That’s likely to be true in some ways, but warming may be a mixed blessing. Whether what is good …

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Equity Weighting: A Brief Introduction

An unfamiliar concept for most that just might make cost-benefit analysis more progressive.

A technique called equity weighting could make regulation more progressive. Implementing this technique may be harder than it sounds, however, for a variety of practical, legal, and political reasons. Agencies might do best to use equity weighting as a way to check their regulatory decisions rather than as their main decision tool.

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South Korea and Climate Change

A small country, but a significant carbon emitter.

Little known fact: The ninth largest carbon emitter in the world is South Korea. What is South Korea doing to cut its emissions? That answer, in brief, is that it has adopted the right kinds of policies, but may need to up its level of ambition. Even so, it compares favorably with the national governments …

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Climate Policy in India

What’s Happening in the World’s Second Largest Country?

India is home to 1.39 billion people, just below China but growing faster. By some projections, it will have the second largest economy in the world by 2050. In terms of climate policy, however, it doesn’t get nearly as much attention as China. That’s understandable in terms of India’s current carbon emissions, which are now …

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Whose Interests Count? And How Much?

Whether to consider harms to foreign countries and future generations is controversial. So is how much weight to give harm to the poor.

Should regulators take into account harm to people in other countries? What about harm to future generations? Should we give special attention when the disadvantaged are harmed? These questions are central to climate policy and some other important environmental issues. I’ll use cost-benefit analysis as a framework for discussing these issues. You probably don’t need …

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Subnational Climate Action in the UK

As in the U.S., it’s not all about the national government. Not by any means.

Last week, I posted about the British government’s climate policy. In sharp contrast with their American counterparts, British conservatives remain firmly behind the Paris Agreement and supportive of cap-and-trade. In another respect, though, there’s more similarity: in both countries, subnational governments play a key role in climate policy. Here’s what’s happening across Great Britain. Regional …

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War and the Environment: Ukraine in 2022

The environment is also a victim of the Russian invasion — perhaps to the point of being a war crime.

Memorial Day began as a day to commemorate the Civil War dead, then became a day to commemorate the dead from many wars. But war’s toll goes beyond direct harm to humans.   The environment also suffers. On top of its human tragedies, the Russian invasion of Ukraine is also wreaking environmental havoc. One source of …

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Conservatives Who Support Climate Action

No, not here. The British Tories.

There is continuing conservative support for climate action. Not so much here, of course, but in the UK. The British government is firmly in the grip of the Conservative Party. Prime Minister Boris Johnson is no Donald Trump, but he does have at least a whiff of Trumpiness about him. Like the GOP, the Tories …

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Good News from “Down Under”

Australia’s election signals a welcome change in climate policy.

Australia has had a change of government. The Liberal Party — conservative  in everything but name — lost control of the federal government to Labor.   Australia was recently ranked last out of sixty countries in climate policy.The victorious Labor candidate told his supporters, “Together we can end the climate wars. Together we can take advantage of …

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