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Saving Nemo: Enhancing CITES to Protect Marine Ornamental Fish

There is a startling lack of global regulation of the marine ornamental trade. The only international legal framework that governs the trade of marine ornamentals is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Requirements under Appendix II help prevent traded species from reaching the point where they need stricter protections, while Appendix III targets species that range countries want help controlling in international trade. Yet both of these appendices are poorly equipped to help regulate the marine aquarium trade.

Annual Review of Chinese Environmental Law Developments: 2024

In China, the year 2024 witnessed further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Energy Law of the People’s Republic of China, revision of the Mineral Resources Law of the People’s Republic of China, and adoption of a series of administrative regulations. This Comment summarizes some of the year’s major developments.

A Paris for Plastics? Fragmentation and Sustainability in Global Plastics Treaty Negotiations

The negotiations for the Global Plastics Treaty (GPT) that collapsed on December 2, 2024, were meant to be a step toward a plastics future informed by sustainable development principles. Given that no agreement has yet been reached, this Comment will discuss two broad issues that future GPT negotiating sessions must confront to produce an effective plastic life-cycle governance instrument. Part I reviews the fragmentation in current plastic waste-related governance instruments and institutions, and describes opportunities for the GPT to find synergies with those instruments.

Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.

The Role of Marine CO2 Removal in Combating Climate Change

Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also removal of significant amounts of carbon dioxide (CO2) from the atmosphere. CO2 removal (CDR) comes in many different forms, but climate scientists and policymakers are focusing on the potentially important role of large-scale use of emerging ocean-based techniques, often referred to as marine CDR (mCDR). In the United States, mCDR in domestic waters is governed by a patchwork of laws and regulations.

State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion

In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.

Assessing and Advancing the Climate Capability of India's Judiciary

As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.

Forgotten Waters

This abstract, which is adapted from Michele Okoh, Forgotten Waters, 111 Geo. L.J. 723 (2022), argues that approaches to addressing access to safe drinking water must account for the legacy of discrimination and discusses why the Rural Electrification Act provides a promising model to provide safe drinking water to well-dependent populations.

40 Years of Chesapeake Bay Restoration: Where We Failed and How to Change Course

For more than half a century, the Chesapeake Bay and many of its tributaries have suffered from poor water quality. Compelled by an executive order and litigation, in 2010, the U.S. Environmental Protection Agency (EPA) issued the Chesapeake Bay total maximum daily load (Bay TMDL) to reduce pollution discharges and thereby restore Bay water quality; unfortunately, the Bay TMDL will fail to meet its 2025 objective.

Green Money for Western Waters: New Environmental Grants and Federal Water Pollution

Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems—some caused by the Bureau’s many dams.