JournalTOCs

Sustainable Development Law & Policy
Number of Followers: 12

This is an Open Access Journal

Open Access journal
ISSN (Print) 1552-3721
Published by WCL

[11 journals]

Endnotes
- PubDate: Wed, 22 Mar 2023 16:28:49 PDT
Using Federal Public Lands to Model a New Energy Future: Why the Biden
Administration Should Prioritize Renewable Energy Development on Public
Lands
- Authors: Meghen Sullivan
  Abstract: Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential on public lands, wind and solar development is multiplying. Moreover, thanks to rapid technological advancements and government incentives, renewable energy is now cost-competitive with fossil fuels and continues to decrease— new wind and solar power plants are often less expensive than new coal and natural gas power plants.The diffuse public benefits of renewables are irrefutable. Unfortunately, the case for renewable energy (“RE”) development on public lands must contend with the regulatory burdens of longstanding environmental laws such as NEPA and ESA, state and local “NIMBYism”, and environmental groups concerned about adverse impacts to open space, plant and animal species, and hunting and other recreational uses. Despite these criticisms, the current statutory framework amply supports renewable energy development on federal public lands and should be prioritized to meet the Biden Administration’s and Congress’ ambitious renewable energy goals.
  PubDate: Wed, 22 Mar 2023 16:28:41 PDT
Crumbling Crown Jewels: Addressing the Impact of Recreational Overuse in
America's National Parks
- Authors: Ellen Spicer
  Abstract: National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being trampled. Some parks have taken steps to mitigate the impacts and even limited park access, but more action is needed to ensure parks are protected for future generations.
  PubDate: Wed, 22 Mar 2023 16:28:33 PDT
Pedal into the Future
- Authors: Elliot Wiley
  Abstract: Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.
  PubDate: Wed, 22 Mar 2023 16:28:26 PDT
Making Room for the Past in the Future: Managing Urban Development with
Cultural Heritage Preservation
- Authors: Kubra Guzin Babaturk
  Abstract: Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it' How much is “too much'” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability' Which art is worth saving' A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social needs. The demand for more transportation and development is competing against desires and abstract moral obligations to preserve cultural and artistic heritage, often in countries that are struggling financially. Building a city’s future will, inevitably it seems, destroy its past.As cities expand and seek to accommodate their living populations while trying to accommodate the moral and legal obligation to preserve cultural heritage, the decision faced is often no longer “should we preserve this art” but “which ones should we preserve'” Often, the choice is difficult. Determining the proper metrics is even more difficult. The invariable need to grow and compete in the worldwide free market and an obligation to protect the past for the present and the future have come into legal contention in several countries, and this paper aims to explore national and international law regarding how artistic heritage is managed in an exponentially-modernizing world.
  PubDate: Wed, 22 Mar 2023 16:28:18 PDT
Toward a Utah Intentionally Created Surplus Program
- Authors: Devin Stelter
  Abstract: The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin states under the Colorado River Compact in the not-so-distant future. To proactively address this threat, as well as to improve water conservation efforts in the Upper Basin, this paper proposes that the State of Utah look to the Lower Basin Intentionally Created Surplus (ICS) program to implement a similar program for intrastate water banking and conservation in Utah. In so doing, the paper addresses the relevant pieces of the “Law of the River,” as well as the development of the current drought in the basin and recent stakeholder policy and conservation responses. The paper also examines likely legal and practical uncertainties surrounding a Utah ICS Program. By studying lessons learned from creative and progressive water management by other basin states, Utah can address state water scarcity, comply with Upper Basin Drought Contingency Plan promises, and chart a path for the rest of the Upper Basin.
  PubDate: Wed, 22 Mar 2023 16:28:09 PDT
About SDLP
- Authors: SDLP
  Abstract: The Sustainable Development Law & Policy Brief (
  ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
  PubDate: Wed, 22 Mar 2023 16:28:01 PDT
Editor's Note
- Authors: Juliette Jackson et al.
  Abstract: The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever thankful to our staff who worked tirelessly on these pieces to bring our readership another great issue.
  PubDate: Wed, 22 Mar 2023 16:27:53 PDT
Endnotes
- Authors: SDLP
  PubDate: Wed, 08 Mar 2023 15:51:59 PST
Toxic Criminals: Prosecuting Individuals for Hazardous Waste Crimes Under
the United States Resource Conservation and Recovery Act
- Authors: Dr. Joshua Ozymy et al.
  Abstract: The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on unlawful disposal of hazardous waste, sixteen percent unlawful storage, nine percent unlawful transport, and fifty-six percent a combination of these crimes. We conclude with recommendations to enhance criminal enforcement efforts via increased budgetary appropriations.
  PubDate: Wed, 08 Mar 2023 15:51:51 PST
It's Time to Trash Consumer Responsibility for Plastics: An Analysis
of Extended Producer Responsibility Laws' Sucess in Maine
- Authors: Marina Mozak
  Abstract: Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex and dangerous waste. Solutions beyond consumer responsibility, like Extended Producer Responsibility (“EPR”), are needed to mitigate the costs and environmental impacts associated with modern MSW.
  PubDate: Wed, 08 Mar 2023 15:51:43 PST
Ohio House Bills 168 and 110: Just Another Drop in the Bucket for
Brownfield Redevelopment'
- Authors: Mia Petrucci
  Abstract: This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the past is explained. In Section IV, this article analyzes the legislative framework set forth in House Bills 168 and 110 and discusses how Ohio is attempting to address the associated brownfield challenges. Finally, recommendations are made for future Ohio brownfield redevelopment legislation. This article argues that Ohio should continue to regulate brownfield redevelopment through emulating other state’s low interest loan programs or create brownfield-specific tax credits to developers. While incentivizing development will always be a step in the right direction, not every brownfield site is in an area where developers want to build. Thus, Ohio should further allocate funds for the purposes of revitalizing low-to-no market value brownfield sites in historically underserved communities. This can be done through partnering with land banks, creating community land trusts, or partnering with environmental advocacy organizations. Redevelopment of brownfield sites in such areas would work to create green spaces in historically underserved communities, countering environmental justice concerns and providing further access to clean environment, as well as bolstering community engagement and health.
  PubDate: Wed, 08 Mar 2023 15:51:35 PST
About SDLP
- Authors: SDLP
  Abstract: The Sustainable Development Law & Policy Brief (
  ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
  PubDate: Wed, 08 Mar 2023 15:51:27 PST
Editors' Note
- Authors: Rachel Keylon et al.
  Abstract: For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
  PubDate: Wed, 08 Mar 2023 15:51:19 PST
Endnotes
- PubDate: Wed, 23 Mar 2022 15:53:26 PDT
Climate Migration Beyond the Refugee Framework: Creating Bridges Between
Human Rights and International Climate Law
- Authors: Mara Elisa Andrade
  PubDate: Wed, 23 Mar 2022 15:53:18 PDT
Accounting for Climate Change in United States Regional Ocean Planning:
Comparing the Obama and Trump National Ocean Policies to a Climate-Forward
Approach
- Authors: Taylor Goelz
  PubDate: Wed, 23 Mar 2022 15:53:10 PDT
Swallowing the Rule: Why FERC’s “Immediate Need Exemption”
Frustrates Competitive and Climate-Smart Electricity Sector Transmission
Planning under Order No. 1000
- Authors: Philip Killeen
  PubDate: Wed, 23 Mar 2022 15:53:02 PDT
“At What Cost'’: The Future of Securities Enforcement in
Climate Change Litigation
- Authors: Angela Washington
  PubDate: Wed, 23 Mar 2022 15:52:54 PDT
About SDLP
- Abstract: The Sustainable Development Law & Policy Brief (
  ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and noise regulation; climate change; land use, conservation, and property rights; resource use and regulation; and animal protection.The Sustainable Development Law & Policy Brief prints in accordance with the standards established by the Forest Stewardship Council® (FSC®) that are designed to eliminate habitat destruction, water pollution, displacement of indigenous peoples, and violence against people and wildlife that often accompanies logging. Achieving FSC Certification requires that every step of the printing process, from lumber gathering to transportation to printing to paper sorting, must comply with the chain of custody established by the FSC which runs a strict auditing system to maintain the integrity of their certification process.Currently, FSC certification is one of four methods a publisher can employ to ensure its publications are being produced using the best sustainable practices. It is the method practiced by our printer, HBP, Inc. (FSC Chain-of-Custody Certification: FSC® C010897).To purchase back issues please contact William S. Hein & Co. at hol@wshein.com. To view current and past issues of the publication please visit our website at http://www.sdlp.strikingly.com. Current and past issues are also available online through HeinOnline, LexisNexis, Westlaw, vLex, and the H.W. Wilson Company. Please note that Volume I and Volume II, Issue 1 are published as International and Comparative Environmental Law.Printed by HBP, Inc., Hagerstown, MD.
  PubDate: Wed, 23 Mar 2022 15:52:46 PDT