With a new presidential administration in power, the United States has rejoined the 195-nation Paris climate agreement to combat global warming. But it is now clear that the emissions-reduction targets laid out in that 2015 accord are insufficient to prevent a catastrophic rise in global temperatures. And during the U.S. absence, the dynamic of international cooperation among major nations has shifted. What role can international cooperation play in the climate change fight, and what are its limits? U.S. diplomat Sue Biniaz '83 and European Climate Foundation CEO Laurence Tubiana, key architects of the Paris pact, join host Michael Gerrard to discuss multilateral cooperation on climate change. ; https://scholarship.law.columbia.edu/defending_the_planet/1003/thumbnail.jpg
Strategic litigation has been effective in advancing civil rights and gender equality in the United States and privacy and human rights across Europe. Can lawsuits filed by environmental groups and activists around the world compel corporations and governments to curb carbon emissions? Was an important precedent set when a Dutch court ruled recently that Royal Dutch Shell must reduce its emissions significantly by the year 2030 and to net zero by the year 2050? Do judges have more power to combat climate change by enforcing existing laws or offering new interpretations of constitutional, human rights, and common law principles? Michael Burger '03, executive director of the Sabin Center for Climate Change Law, and Peter Lehner '84 of Earthjustice and a lecturer in law at Columbia Law join host Michael B. Gerrard to discuss new developments in climate-related litigation. ; https://scholarship.law.columbia.edu/defending_the_planet/1004/thumbnail.jpg
In the absence of federal legislative action, states and even cities are moving to fight climate change – individually and in regional alliances – while other states sit out. When California announced last year that it will end sales of gas-powered vehicles by 2035, a dozen other states followed suit. Now, seeking to undo four years of environmental deregulation, the Biden administration is pressing for climate action. What happens to the state-federal dynamic when the federal executive branch shifts its position on climate change? Former Montana Gov. Steve Bullock '94 and Professor Jessica Bulman-Pozen join host Michael B. Gerrard to discuss what states can – and cannot – achieve in preventing climate change. ; https://scholarship.law.columbia.edu/defending_the_planet/1002/thumbnail.jpg
Hours after taking the oath of office, President Joe Biden signed executive orders to return the United States to the Paris climate agreement and kill the Keystone XL pipeline. He has since revoked many of the Trump administration's climate policies while launching an aggressive regulatory program of his own. His goals include cutting U.S. greenhouse gas emissions in half by 2030 and reaching net zero emissions by 2050. He also wants to put the U.S. back into a position of international leadership on climate issues. But are these goals realistic with a Congress that hasn't passed major environmental legislation since 1990? Former top EPA official Catherine McCabe '77 and William S. Beinecke Professor of Law Jedediah S. Purdy join Michael B. Gerrard to explore how the partisan divide holds back the fight against global warming and whether executive action can break the long drought of climate legislation. ; https://scholarship.law.columbia.edu/defending_the_planet/1001/thumbnail.jpg
Low-income communities and communities of color are more likely to live near contaminated land and to have greater exposure to air and water pollution that are harmful to health. Questions about equity and fairness have taken on new levels of complexity as we confront global climate change. It's clear that major action is needed to address environmental injustices and ensure that marginalized communities have input on governmental policies and decisions. What legal tools and strategies can be used to effectively advance environmental justice? Olatunde C.A. Johnson, Jerome B. Sherman Professor of Law, and environmental and community lawyer Ruth Santiago '83 J.D., '10 LL.M. join host Michael B. Gerrard to discuss policies and legal strategies to create a healthier and safer world for all people. ; https://scholarship.law.columbia.edu/defending_the_planet/1006/thumbnail.jpg
This paper explores two ocean-based carbon dioxide removal strategies – ocean alkalinity enhancement and seaweed cultivation. Ocean alkalinity enhancement involves adding alkalinity to ocean waters, either by discharging alkaline rocks or through an electrochemical process, which increases ocean pH levels and thereby enables greater uptake of carbon dioxide, as well as reducing the adverse impacts of ocean acidification. Seaweed cultivation involves the growing of kelp and other macroalgae to store carbon in biomass, which can then either be used to replace more greenhouse gas-intensive products or sequestered. This paper also examines the international and U.S. legal frameworks that apply to ocean alkalinity enhancement and seaweed cultivation. Depending on where they occur, such activities may be subject to international, national, state, and/or local jurisdiction. Under international law, countries typically have jurisdiction over activities within 200 nautical miles of their coastline. In the U.S., coastal states typically have primary authority over areas within three nautical miles of the coast, and the federal government controls U.S. waters further offshore.
Some political narratives describe the relationship between environmental protection and economic growth as two inherently incompatible goals. As the global community turns its attention to implementing international climate agreements, this story is ceding ground to the realization that the economy must facilitate a transition to sustainability. With limited government funding available, private investments offer an opportunity to dramatically increase and leverage funding to address daunting environmental problems. Green financing will play a critical role in the shift to a green economy. Governments, intergovernmental organizations, financial institutions, corporations, and nongovernmental organizations (NGOs) are examining green financing mechanisms in earnest. Financial institutions are enabling investment in green infrastructure, and many have signed on to the Equator Principles, a risk management framework for determining, assessing, and managing environmental and social risk in projects. NGOs and governments are promoting public policies that encourage investments in sustainability, and developing public and private mechanisms to facilitate investments in environmentally beneficial projects, such as the Paris Climate Agreement's Green Climate Fund. With targets including pollution control, biodiversity protection, and materials management, as well as investments directly related to decreasing reliance on fossil fuels, the impacts of green financing could reshape the landscape for environmental professions. On June 6, 2017, ELI held a public seminar to present recent developments in this field. Below we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.
Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial co-benefits to city dwellers, such as cleaner air, reduced urban temperatures, and quality of life improvements associated with recreation areas and wildlife habitats. This Article examines the opportunities and challenges presented by municipal green infrastructure programs in the context of Clean Water Act ("CWA ") enforcement by the U.S. Environmental Protection Agency ("EPA "). First, it explores new thinking in urban sustainability and identifies opportunities for greater federal-municipal cooperation in the management of environmental problems, including stormwater runoff. Second, it unpacks the challenges presented by the relative inflexibility of federal environmental enforcement in the context of urban stormwater management under the CWA, and compares the differences between traditional federal approaches and newer local initiatives in terms of adaptability, responsiveness to community needs, preferences and trade-offs, cost effectiveness, and innovation. Third, it describes a recent consent agreement between New York State and New York City, identifying key features and best practices that can be readily replicated in other jurisdictions. In recent years, EPA has taken big steps forward to encourage and support municipal green infrastructure initiatives, including the release of its Integrated Municipal Stormwater and Wastewater Planning Approach Framework. The Article concludes with a specific proposal for further regulatory and policy reform that would build upon this framework to develop truly comprehensive, municipally-led plans to prioritize infrastructure investments that improve public health and the environment.
The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York's existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected 22 specific proposals that can be readily accomplished and that will yield real results. It is the hope of the Task Force that officials in the executive and legislative branches will seriously consider the recommendations made in this Report and seek to implement as many as possible. In making these recommendations, the Task Force was acutely aware of New York State's current fiscal situation and has thus concentrated on action items that it expects will either save money because of their energy cost savings or will have, at worst, a modest cost to State and local government.
The scale and scope of the climate crisis calls for comprehensive nationwide efforts to reduce greenhouse gas emissions. New legislation, passed by Congress and signed by the President, is the first and best option for climate action at the federal level. This could be a version of the Green New Deal, a carbon tax, sectoral limits, an emissions cap with compliance trading, or another approach. What matters most is that the legislation effectively cut the greenhouse gas emissions driving the world's temperatures ever higher. Unfortunately, the prospect for federal legislation is uncertain, while strong and decisive action is needed now. A president committed to tackling climate change will need a backup plan in case Congress remains gridlocked, one that relies on existing statutes to achieve the deep emission reductions the science says we need.
In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of a book project that will recommend not only federal actions, but also actions by state and local governments, the private sector, and civil society. In the face of multiple challenges and opportunities, this Article is intended to contribute to a robust public discussion about how to accelerate the transition to a sustainable society and make America a better place for all.
