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Regulating EV Batteries’ Carbon Footprint: EU Climate Ambition or Green Protectionism?

The European Union’s (EU’s) recent proposal for a new regulation on EV batteries is a groundbreaking effort, the first to focus on the entire value chain to improve product sustainability and safety throughout the life cycle. Battery producers inside and outside of the EU will have to meet a series of requirements, starting from carbon footprint declaration and related labeling to complying with life-cycle carbon footprint thresholds, for having their products placed in the EU market.

This Permit Reform Already Works. Why Aren't More Mining Projects Using It?

In January 2021, the mining sector was made eligible for coverage under the Fixing America’s Surface Transportation Act (FAST-41) program, a pilot project designed to expedite federal permitting. Although mining projects have been eligible for over two years, only recently was the first one posted on the Permitting Dashboard.

An Unlikely Climate Hero? Experimental Populations Outside Their Historical Range

Climate change is ravaging the flora and fauna of the United States and contributes to ecosystem damage, including the conversion of Alaskan forests to savannah grasslands, rising sea levels that have destroyed the Key deer’s habitat, and warming regional temperatures that have stifled the growth of crops in the Northeast. What if there were a way for species to thrive away from the sinking coasts and changing landscapes that they have historically inhabited?

Crossed Wires and Split Circuits: Transmission Rights of First Refusal

As population growth and increased electrification rapidly raise demand for power, U.S. electric grids are struggling to keep pace, and the need for more transmission capacity is pressing. The U.S. Congress has delegated its interstate commerce authority to the Federal Energy Regulatory Commission to regulate interstate transmission rates. Meanwhile, states regulate intrastate transmission rates. What is perhaps surprising, though, is the fact that states generally have authority over the siting and construction of interstate transmission lines.

SDG 15: Life on Land

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these goals. This Article is adapted from Chapter 15 of that book, Governing for Sustainability (John C. Dernbach & Scott E. Schang eds., ELI Press, forthcoming 2023).

SDG 7: Affordable and Clean Energy

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these goals. This Article is adapted from Chapter 7 of that book, Governing for Sustainability (John C. Dernbach & Scott E. Schang eds., ELI Press, forthcoming 2023).

Salmon, Climate Change, and the Future

This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.

Equitable Electrification: Could City and State Policies Aggravate Energy Insecurity?

Progressive cities and states have begun enacting policies to reduce greenhouse gas emissions from buildings, one of the leading sources of such emissions in the United States. The same jurisdictions have also generally committed to pursuing decarbonization equitably, without exacerbating the disadvantages faced by historically marginalized communities. Electrification is currently a favored policy for decarbonizing buildings. This Article examines the potential for building electrification to impact tenant energy costs through a case study of New York City.