Authors:Shade Streeter et al. Abstract: Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (“Western Hemisphere Convention”). PubDate: Mon, 24 Jul 2023 15:24:23 PDT
Authors:Christopher Mark Macneill Abstract: “Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small Arctic Island, is located within the territorial limits of both Canada and Greenland, resulting in both nations asserting claim to the island, its maritime boundaries, seabed and resources, despite the long Inuit traditional occupation and use there. PubDate: Mon, 24 Jul 2023 15:24:16 PDT
Authors:Mariah Stephens Abstract: Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. As sea levels rise and weather events become more frequent and severe, ecosystems will begin to collapse, clean water and fresh food will be harder to find, coasts and islands will be engulfed by the sea, shelters will be damaged by storms and fires, and biodiversity will suffer. Though many individuals will rebuild in hopes of preserving their homes and families, their determination to stay could result in dangerous conditions and political turmoil; others will have no choice but to abandon their homes in search of a safer future, a phenomenon that has come to be known as “The Great Climate Migration.” PubDate: Mon, 24 Jul 2023 15:24:08 PDT
Authors:Liz Guinan Abstract: Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the United States. Crypto-asset mining in the United States is extremely energy-intensive, emitting roughly 65.4 million metric tons of carbon-dioxide annually, or the equivalent of seven million gasoline-powered vehicles. As a result, effective regulatory frameworks are necessary to address the explosion of energy and environmental issues caused by crypto-asset miners, who are under pressure to maximize earnings by using less expensive carbon-emitting energy.To date, crypto-asset mining has not been governed by a federal regulatory framework, but instead by a patchwork of state-by-state responses that vary from highly restrictive, such as the moratoria proposed in New York, to dangerously permissive, such as the deregulation occurring in Wyoming. This article examines existing federal, state, and local regulatory schemes that directly or indirectly address the negative effects of crypto-asset mining. Although different state and local regulations attempt to strike a balance between reducing crypto-asset mining’s negative environmental and energy consumption impact and retaining crypto’s economic benefits, the country will continue to suffer from crypto-asset mining’s severe energy and environmental consequences until there is a unified response. This article proposes that the Inflation Reduction Act’s (“IRA”) federal regulatory authority, as well as earlier federal precedent, could potentially prevent a “race to the bottom” among states with permissive crypto-asset mining regulations. In the alternative, the article also evaluates the effectiveness of state-level crypto-asset mining regulatory measures until a uniform federal response is adopted. PubDate: Mon, 24 Jul 2023 15:24:01 PDT
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: Mon, 24 Jul 2023 15:23:53 PDT
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
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
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
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
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
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
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
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
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
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
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
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
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