Journal of Environmental Law & Litigation : Vol. 38 (2023)
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Browsing Journal of Environmental Law & Litigation : Vol. 38 (2023) by Subject "Climate change"
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Item Open Access Climate Change, Human Mobility, and Climate Finance: Potential Linkages and Challenges(University of Oregon School of Law, 2023-04-28) Naser, Mostafa Mahmud; Reza, Hossain MohammadThe aim of this Article is to explore the probable approaches that can be considered by developing countries to secure finance from the existing funds for climate-related human mobility. With this goal in mind, this Article critically analyses the UNFCCC regime, especially those provisions in the Paris Agreement, which can potentially be applicable to human mobility in the context of climate change. It also examines the existing climate funds which are created to support the efforts of vulnerable developing countries to combat the challenges of climate change. It is argued that in the absence of specific legal protection in international law and international environmental law, linking human mobility with existing financial commitments of the developed countries will allow vulnerable developing countries to find a viable financial solution meeting the needs for the protection of climate-related human mobility. How the linkage can be established and what might be the legal basis and scope of such linkage will be analyzed in this Article. This Article will contribute to the literature by emphasizing the importance of linking climate finance with migration, with attention to adaptation and loss and damage, and will help to outline policy challenges and design of adaptation funding in the future.Item Open Access “Experimental Populations” Outside Historical Range Proposal: Will It Get the Frog Out of Hot Water?(University of Oregon School of Law, 2023-04-28) Miller, Carol J.; Meyer, John C.; Persons, Bonnie B.To address the impact of climate change on habitats of endangered and threatened species, the U.S. Fish and Wildlife Service is proposing a 2022 rule change to allow “experimental populations” to be introduced into habitat outside the species’ historical range. For essential experimental populations, habitat could be designated beyond current or historical range where “little to no habitat remains within the historical range of a species or where formerly suitable habitat . . . is undergoing, irreversible decline or change, rendering it unable to support one or more life history stages for the species.” A statutory prerequisite (under Endangered Species Act (ESA) section 10(j)) to designation of critical habitat for an experimental population is that “such population is essential to the continued existence of an endangered species or a threatened species.” The ESA defines “critical habitat” but does not separately define “habitat.” Designation of “critical habitat” has been complicated by the Weyerhaeuser v. FWS decision, in which the Supreme Court concluded that “critical habitat” must first be “habitat.”Item Open Access Making Products out of Thin Air: Accelerating Direct Air Capture Technologies(University of Oregon School of Law, 2023-04-28) Pinhas, DolevPlacing a global emphasis on the adoption of carbon capture technology is necessary to achieve net-negative emissions. This Article focuses on scaling up the direct air capture market. Part I will explain the differences between the two main uses of captured carbon—geologic sequestration and carbon conversion to products—and will present the challenges of each carbon sequestration method. Part II will examine several challenges facing the carbon conversion method, including research, development, policies, and regulations. Part III will present breakthrough solutions of the carbon conversion method. Part IV will include recommendations for expanding the carbon capture and conversion markets and will emphasize the significant role government support plays in accelerating direct air capture technologies through research and development. Part V will emphasize the sociopolitical advantages of carbon capture and conversion. Part VI will explain why the carbon capture method should be used in addition to other mitigation measures, such as renewable energy and other green solutions.Item Open Access The Price of Pesticides: Environmental and Economic Impacts of Using Neonicotinoids in Agriculture(University of Oregon School of Law, 2023-04-28) Alvernaz, SierraHoneybees are among the most prominent and important types of pollinators worldwide, with approximately thirty-five percent of world food crop production depending on honeybees and other pollinators. In the United States, the estimated value of insect pollination to agricultural production is $16 billion annually, and approximately three-fourths of that value is attributable to honeybees. The worldwide contribution of honeybees and other pollinators to global crop production for human food is valued at approximately $190 billion. Given the importance of honeybees and other bee species to food production, scientists and farmers have recently expressed concern about a possible “pollinator crisis” occurring over recent decades and have raised questions about the role neonicotinoids [nee oh-nick-oh-tin-oids] may be playing in this crisis.