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Vibrant Environment

How Private Actors Can Keep Climate Action Moving Forward

The Paris Gap, Mike Vandenberg
By Brett Korte, Staff Attorney; Director, Associates Program
Wednesday, February 15, 2017

Early in the fall of 2016, there was growing cause to celebrate the international momentum building around climate mitigation. In October, United Nations actors reached agreements to limit airline emissions and later HFCs. On November 4, the Paris Agreement under the U.N. Framework Convention on Climate Change went into effect. Then, four days later, Donald J. Trump was elected president, casting doubt on the U.S. climate commitments made by President Obama’s Administration. Though his Tweets and stump speeches may not equate directly to his eventual climate policy, the surprise election results have certainly caused consternation among advocates of climate mitigation and adaptation.

This Month in ELR—Litigating Climate Change in National Courts

Court of Appeals, Tracy Collins
Wednesday, February 8, 2017

In the February issue of ELR’s News & Analysis, ELI President Scott Fulton and Visiting Attorney Dr. Maria L. Banda highlight the role that national judiciaries worldwide have played in developing the field of “climate law.” In Litigating Climate Change in National Courts: Recent Trends and Developments in Global Climate Law, Fulton and Banda examine the procedural tools and interpretive principles that judges have used to decide novel legal issues in climate litigation, focusing on some of the key lawsuits from civil and common-law jurisdictions that may influence climate law beyond their borders.

The “Paris Gap,” and How to Fix It

Global Warming
By Stephen R. Dujack, Editor, The Environmental Forum®
Wednesday, January 25, 2017

The Paris Agreement on climate change is a world-shattering event, a rare coming together of the international community to face a shared threat. Former President Obama deserves a lot of credit for the success of the two-week conclave, because of his earlier diplomacy with China and executive actions to reduce emissions, and Secretary of State John Kerry also deserves kudos for staying on site in Paris to see the agreement to its conclusion. Praise also belongs to the conference organizers, staff, and leaders, not to mention the hundreds of delegates.

After Youth Activists’ Surprising Win in Climate Change Litigation, What’s Next?

Discovering the Trees, Alessandro Pucci
By Benjamin Solomon-Schwartz, Public Interest Law Fellow
Wednesday, January 4, 2017

On November 10, 2016—just two days after Election Day—there was another surprising turn of events: a federal district court judge in Oregon handed a long-shot victory to a group of young activists suing the federal government over its history of action and inaction regarding fossil fuels and climate change. Denying the defendants’ motions to dismiss in a thorough and groundbreaking opinion, Judge Ann Aiken found there was a sufficient legal basis for the plaintiffs to pursue their constitutional and common-law claims for the case to proceed to the next litigation stage. Now, in the waning days of the Obama Administration, the case is entering uncharted territory. On top of the unprecedented nature of the case itself, the uncertainty regarding the presidential transition extends to the course this case may take and to its importance going forward.

Maps Show Grim Future for Nation

Global Warming Predictions
By Stephen R. Dujack, Editor, The Environmental Forum®
Wednesday, December 28, 2016

After the revelation that July and August tied as the warmest months ever recorded in human times, the discovery of a potentially habitable planet circling a red dwarf star that is part of the nearby Alpha Centauri system was welcome news. Proxima Centauri b is the closest Earth-like planet beyond the solar system, 4.3 light years away. By the year 2500, when a new study predicts almost 50 feet of sea-level rise — which would wipe out the homes of billions, erasing whole nations from the globe — we should have the star drive needed to migrate to a new planet.

Environmental Literacy is a Key to Overcoming Climate Denial

Children in class, Amanda Mills
By Stephen R. Dujack, Editor, The Environmental Forum®
Wednesday, December 21, 2016

The sage lexicographers at the Oxford Dictionary chose the hyphenated couplet post-truth as the Word of the Year for 2016 — twelve months that saw made-up facts supersede real facts on a daily basis. An analysis by BuzzFeed concluded that “in the final three months of the U.S. presidential campaign, the top-performing fake election news stories on Facebook generated more engagement than the top stories from major news outlets” including the New York Times, Washington Post, and 17 others — combined.

FOOD WASTE: From The Ground Up: How Cities and States Can Be Leaders in Food Waste Reduction

Food scraps, Tim Jewett
By Emmett McKinney, Former Research Associate, Linda Breggin, Senior Attorney; Director of the Center for State, Tribal, and Local Environmental Programs, and Carol Adaire Jones, Visiting Scholar
Wednesday, December 14, 2016

In 2015, the U.S. Department of Agriculture and Environmental Protection Agency announced an ambitious goal of reducing food waste in the United States by 50% by 2030. While the change in presidential administrations presents new obstacles for many federal environmental initiatives, reducing food waste continues to offer fertile ground for cooperation.

Trump’s Proposed Environmental Agenda May Be Easier Said (or Tweeted) Than Done

US White House Logo
By Loyti Cheng, Co-head of the Environmental Practice Group and Counsel, Davis Polk & Wardwell LLP, and David A. Zilberberg, Counsel, Davis Polk & Wardwell LLP
Monday, December 12, 2016

President-elect Donald Trump's environmental agenda to date has generally been focused on undoing certain specific Obama administration regulations, such as the Clean Power Plan (CPP) or the Waters of the United States (WOTUS) rule, and relaxing restrictions on domestic fossil fuel exploration and production.

Rhetoric or Reality: What Would Withdrawal From the Paris Agreement Require?

Donald Trump and the Eiffel Tower
By John Pendergrass, Vice President, Programs & Publications
Wednesday, November 30, 2016

The annual business meeting of the parties to the United Nations Framework Convention on Climate Change (UNFCCC), the 22d such Conference of the Parties (COP 22), just concluded in Marrakech, Morocco. At the top of the agenda was implementation of the Paris Agreement, which entered into force November 4, 2016, just days before the COP opened and the U.S. election. The latter apparently shifted the focus of hallway conversations as President-elect Donald Trump’s views on climate change and climate treaties were of great interest to participants and observers.

ELI’s Model Law Can Help Countries Implement Their Commitments Under the Paris Agreement

Signing the Paris Agreement
By John Pendergrass, Vice President, Programs & Publications
Wednesday, November 2, 2016

As the Paris Agreement enters into force today, it is important to recognize both the significance of this event and the substantial work now required to implement its provisions. While much attention has been given to its goal of limiting the rise in global temperature to “well below 2°C” relative to pre-industrial times, and to pursue efforts to limit warming to a 1.5°C increase, the real significance of the Paris Agreement is that at least 190 countries and the European Union have pledged to reduce their emissions of greenhouse gases (GHGs).

All blog posts are the opinion of its author(s) and do not necessarily reflect the views of ELI the organization or its members.