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CPR Climate Change Bibliography

Liquefied Natural Gas

  • Victor Flatt, Liquefied Natural Gas and the Environment, introduction, 2 Envtl. & Energy L. & Pol’y J. 1 (2007) –outlined the symposium’s positive and negative findings on LNG’s in terms of environmental risk and long-term viability
  • Eileen Gauna, LNG Facility Siting and Environmental (In)Justice: Is it Time for a National Siting Scheme? 2 Envtl. & Energy L. & Pol’y J. 85 (2007) –described the push to quickly site LNG facilities, and the environmental justice issues posed by these facilities, as well as the need for a national siting scheme to prevent discrimination in the placement of high risk facilities and land use

Litigation

  • Holly Doremus, Civil Disobedience and Climate Change, CPRBlog, October 14, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=534B649D-A303-A3F6-2318A6D3DBBBD003discussed the case of Tim DeChristopher, who interfered with a federal oil auction, the planned Necessity Defense, and the history and one-time success of the use of the necessity defense in an environmental protest case
  • Kirsten Engel, Harmonizing Regulatory and Litigation Approaches to Climate Change Mitigation, 155 U. Pa. L. Rev. 1563 (2007) –discussed states’ recent legal action against greenhouse gas emitters, and analyzed whether state-level regulation is more effective than federal regulation, as well as offering the possibility of using tradable emissions offsets to control GHG emissions
  • Kirsten Engel, “The Courts and Climate Policy: Now and in the Future,” in Greenhouse Governance: Addressing American Climate Change Policy (Barry G. Rabe, ed., Brookings Press, 2010)
  • Daniel Farber, The Sotomayor Hearing and the Climate Nuisance Case, CPRBlog, July 14, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=799BE2FB-9AC4-A00F-BD20DE95683878FA –described a case before Sotomayor and other panel members awaiting a ruling as to whether carbon emissions can be treated as a public nuisance
  • David Hunter, “Implications of Climate Change Litigation for International Environmental Law-Making,” in Adjudicating Climate Control: Sub-National, National and Supra-National Approaches (Cambridge Press, 2007) –discussed the increase in climate change litigation, the awareness brought about by such cases, the increased energy of politicians to seek out climate change legislation, and the strategies employed in such cases
  • David Hunter, Negligence in the Air: The Duty of Care in Climate Change Litigation, 155 U. Pa. L. Rev. 1741 (2007) (with James Salzman) –addressed duty and breach in climate change tort cases, and how these elements can be addressed in future litigation
  • David Hunter, The Implications of Climate Change Litigation for International Environmental Law-Making, working paper series, available athttp://ssrn.com/abstract=1005345 – discussed how increasing climate change cases will affect both the public dialogue and future climate policy
  • David Hunter, “Use of IFI Accountability Mechanisms for Addressing Climate Change,” in Adjudicating Climate Control: Sub-National, National and Supra-National Approaches (Cambridge Press, 2007) (with Jenifer Gleason)
  • Alice Kaswan, Second Circuit’s Decision in Connecticut vs. AEP Makes Clear No One is Above the Law, CPRBlog, September 23, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=E70BB35F-B603-E4AB-AB7DA1AECA8DD9D9 –discussed the climate change nuisance lawsuit and the more general issue of the judiciary’s ability to make decisions in cases where other branches of government have not yet made policy decisions
  • Christine Klein, The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming, 48 B.C. L. Rev. 1155 (2007) –discussed the impact of Lucas v. South Carolina Coastal Council on regulatory decisions, and the role of nuisance as an offensive legal posture and new approach to once unregulated issues
  • Lesley McAllister, “Litigating Climate Change at the Coal Mine,” in Adjudicating the Climate: Subnational, National, and Supranational Approaches (William C.G. Burns & Hari M. Osofsky, eds., Cambridge University Press, 2009).
  • William Rodgers, The Worst Case and the Worst Example: An Agenda for Any Young Lawyer Who Wants to Save the World from Climate Chaos, S.C. Envtl L.J. (2009)

Modeling 

  • Frank Ackerman, Inside the Integrated Assessment Models: Four Issues in Climate Economics, 1 Clim. & Dev. 166 (2009) (with Elizabeth A. Stanton & Sivan Kartha) –assessed thirty current climate change models on four important aspects of results achieved based on the model’s structure, equity, uncertainty and costs, ultimately finding that none of the models were able to address all of the issues simultaneously
  • Frank Ackerman, Limitations of Integrated Assessment Models of Climate Change, 95 Climatic Change 297(2009) (with Stephen DeCanio, Richard Howarth, & Kristen Sheeran) –assessed the shortcomings of IAM’s in climate change, including discounting of climate change impacts and assigning monetary values to subjective concepts, and suggested an alternative mechanism for climate change policy decision-making
  • Frank Ackerman, Did the Stern Review Underestimate U.S. and Global Climate Damages? 37 Energy Pol’y 2717(2009) (Elizabeth A. Stanton, Chris Hope & Stephane Alberth) –reapplied the PAGE2002 model for climate change, finding an increase of 2.2% GDP for the US and 8.6% for the world for climate change damages in 2100, compared to the Stern Review results
  • Daniel Farber, Modeling Climate Change and its Impacts: Law, Policy, and Science, 86 Tex. L. Rev. 1655 (2008) –assessed the use of scientific modeling in environmental policy making by explaining how modeling works and discussing the shortcomings and difficulties presented in applying these models into law

Natural Resources/Conservation Issues

  • Alejandro Camacho, Redefining Nature through Assisted Migration: Natural Resource Law and Ethics under Climate Change (in progress)
  • Alejandro Camacho, Holly Doremus, Jason McLachlan, & Ben Minteer Reconsidering Conservation Goals in a Changing Climate (in progress)
  • Alyson Flournoy, “Recommendation No. 5: Adopt Model National Environmental Legacy Act – NELA,” in Recalibrating the Law of Humans with the Laws of Nature: Climate Change, Human Rights, and Intergenerational Justice (Climate Legacy Initiative, Vermont Law School, 2009) –discussed the adoption of NELA and the ten areas that NELA would address, including the goals, adaptation and enforcement of the act
  • Robert Glicksman, “Facing Unprecedented Stewardship Challenges: Climate Change and Federal Land Management,” in Climate Change Reader (Carolina Academic Press)
  • Eban Goodstein, “Climate Change in the Pacific Northwest: Valuing Snowpack Loss for Agriculture and Salmon” in New Directions in Environmental Policy, (with Laura Matson) (Jon Erikson, ed., Edward Elgar) –a 2004 paper that analyzed the cost of climate change in the northwest for agriculture and salmon, finding initial agriculture damage cost estimates ranging from $465 million - $2.4 billion, and salmon estimates from $359 million - $7.2 billion
  • William Rodgers, Biodiversity, Baking and Boiling, Endangered Species Act Turning Down the Heat, 44 Tulsa L. Rev. 205 (2008) (with Anna T. Moritz, Kassie R. Siegel, & Brendan R. Cummings) –discussed the imminent threat to biodiversity by climate change over the next century, the impact of losing biodiversity, and how ESA can be utilized to promote climate change regulations
  • Dan Rohlf, Conserving Endangered Species in an Era of Global Warming, 38 Envtl. L. Rep. 10203 (2008) (with John Kostyack)
  • Dan Tarlock, Fat and Fried: Linking Land Use Law, The Risks of Obesity, and Climate Change, 3 Pitt. J. Envtl. Pub. Health L. 31 (2009) –discussed how the use of spatial planning and land laws could combat the growing problems of obesity and climate change in the US, without impeding the basic right to live where one chooses
 

 

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