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Trade Agreements and Environment in Latin America

Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent international bodies to review the effective enforcement of a country’s domestic environmental laws, and provide opportunities to reach out to civil society about legitimate concerns.

Year One Review of the Biden Administration

Following a turbulent transition and in the midst of a global pandemic, Joseph R. Biden was inaugurated as the 46th President of the United States on January 20, 2021. In its first year, the Biden Administration prioritized climate and environmental justice initiatives through executive actions, legislation—including the $1.2 trillion Infrastructure Investment and Jobs Act—and international agreement at the 2021 Conference of the Parties in Glasgow.

Adapting to a 4°C World

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it.

Thwarting Climate Change, Brick by Brick

While climate policy typically focuses on future decarbonization 10 to 20 years out, temperatures continue to rise. Greenhouse gases emitted upfront from the materials fabrication, construction, and renovation of our physical environment—embodied emissions—accelerate the rate of global warming now. They increase atmospheric carbon before our buildings and infrastructure are even used.

Coastal Impacts of Climate Change

The collapse of the Champlain Towers South condominium complex in Surfside, Florida, raised questions about how climate change and environmental impacts may cause damage to coastal buildings. Independent structural issues are suspected to be a major factor in the collapse, but scientists and legal researchers posit that environmental factors also played a role. On December 20, 2021, the Environmental Law Institute hosted a panel of experts that explored the climate risks to coastal communities and buildings in Florida, California, and elsewhere.

EPA’s Opportunity to Reverse the Fertilizer Industry's Environmental Injustices

Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move to regulate these environmental and public health hazards. This Article examines the regulatory failures that have given rise to the proliferation of phosphogypsum stacks in vulnerable communities and sensitive environments in the United States.

Addressing Cumulative Impacts: Lessons From Environmental Justice Screening Tool Development and Resistance

This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools’ functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple stakeholder groups to understand how state-specific screening tools are used, and make a series of recommendations for states to follow as they proceed in their efforts to develop EJ screening tools.

The Climate Crisis and Agriculture

Agriculture’s contribution to climate change is much more substantial than official figures suggest. We will not be able to achieve our overall mitigation goals unless agricultural emissions sharply decline. Farms and ranches can be a major part of the climate solution, while protecting biodiversity, strengthening rural communities, and improving the lives of the workers who cultivate our crops and rear our animals. Agriculture climate solutions are critical elements both in ensuring our food security and in limiting climate change.

Renewable Energy and Biodiversity Conservation

The rapid transition of energy resources from fossil fuels toward renewables has been widely recognized as an essential tool in mitigating climate change. Yet, renewable energy development projects and facilities can be land use-intensive and have the potential to negatively impact conservation areas. To attempt to tackle these issues, President Joseph Biden signed Executive Order No.