Vol. XL No. 2

Climate Change Adaptation and Coastal Property Rights: A Massachusetts Case Study

This Article examines how existing state laws, including coastal property law and public trust doctrines, are likely to create challenges for the implementation of adaptation strategies proposed to address the effects of climate change—specifically, accelerated sea level rise, increased coastal flooding and storm-related erosion—on coastlines and connected natural resource areas, such as beaches, coastal wetlands, […]

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Global Environmental Constitutionalism: Foreward

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Professor Douglas Kysar’s Analysis of Flaws in Predictive International Climate Policy Models

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Engineering the Climate: Geoengineering as a Challenge to International Governance

The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) removing gaseous carbon dioxide from the air and storing it in long-term repositories (“carbon dioxide removal”); and (2) limiting or reducing the […]

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A World of Experts: Science and Global Environmental Constitutionalism

Under conditions of conflict and uncertainty, forging a new constitutional consensus is a monumental task. If we hope to address climate change through a new global constitutionalism, we must challenge current approaches to assessing the costs, benefits, and uncertainties of environmental regulation, and arrive at an international consensus regarding those approaches. In doing so, input […]

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Keeping Public Use Relevant in Stadium Eminent Domain Takings: The Massachusetts Way

As the sports industry has grown into a multi-billion dollar enterprise, cities have increasingly faced the decision of whether to fund expensive stadium projects to attract or keep franchises. These projects commonly include using public funds and the government’s eminent domain power under the Public-Use Clause of the Fifth Amendment. Unlike traditional public uses such […]

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Municipal Energy Benchmarking Legislation for Commercial Buildings: You Can’t Manage What You Don’t Measure

Across the United States, the energy used to power commercial buildings represents a sizeable portion of overall energy consumption and resulting greenhouse gas emissions. Until recently, building owners and managers did not have an easy way to compare the efficiency of their buildings. Through the ENERGY STAR program, the Environmental Protection Agency and Department of […]

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Saving Mabira Rainforest: Using Public Interest Litigation in Uganda to Save Mabira and Other Rainforests

In August 2011, President Yoweri Kaguta Museveni announced that he planned to give away part of Mabira rainforest to a sugar corporation to grow a sugarcane plantation and enhance sugar production in the country. The President had made a similar proposal in 2007 and only abandoned it after public and environmental groups received it with […]

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Forcing the Bureau of Land Management to Take a Hard Look: NEPA and the Roan Plateau

In 2007, the Bureau of Land Management adopted a resource management plan that essentially made all public land within the Roan Plateau Planning Area available for leasing to private oil and gas entities. Environmental groups alleged that the BLM, in adopting the plan, failed to satisfy the National Environmental Policy Act’s procedural requirements. In Colorado […]

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Barring the Gates: Timing and Tailoring Environmental Standing and Greenhouse Gas Regulation After CORRI v. EPA

In 2007, the Supreme Court affirmed the EPA’s ability to regulate greenhouse gas emissions under the Clean Air Act. Designing a regulatory scheme for GHGs, however, is difficult. Carbon dioxide, a ubiquitous GHG, is a byproduct of almost every industry in America, and regulating it places a heavy burden on emitters and administrators alike. The […]

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