Miller

KNOW THY PRODUCT: THE GLOBAL EXPANSION OF PRODUCT STEWARDSHIP LAWS’ IMPACT ON ENVIRONMENTAL LAW GEORGETOWN INTERNATIONAL ENVIRONMENTAL LAW REVIEW

Miller

KNOW THY PRODUCT: THE GLOBAL EXPANSION OF PRODUCT STEWARDSHIP LAWS’ IMPACT ON ENVIRONMENTAL LAW

By Travis Miller, Esq.*

Introduction

The term “globalization” has only become commonplace over the last few decades, as a consequence of the rapid expansion of outsourcing and the economic advantage of producing products in less developed nations.[1] These major changes were driven to a large extent by an increase in the cost of production resulting from increases in regulation and wages in developed economies.[2] The consequence of this phenomenon has been the displacement of the traditional Western manufacturing base to countries with a lower cost of labor and per unit production.[3] This trend has also resulted in traditional environmental regulation, focused on the manufacturing process, to be found wanting by many major economies — prompting the establishment of new regulatory regimes focused on product stewardship.[4] These regulations shift the burden of compliance onto the supply chain and the importer of finished goods.[5] Consequently, companies seeking to import products into regulated markets must maintain complex databases evidencing compliance with the environmental laws that impact the products that will enter such markets.[6]

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California’s Egg Law Should Survive a Dormant Commerce Clause Attack Georgetown International Environmental Law Review

WillDerwinTitleCardCalifornia’s Egg Law Should Survive a Dormant Commerce Clause Attack

By Will Derwin, Staff Contributor

California’s egg law — requiring both in-state and out-of-state egg producers who sell eggs in California to raise their hens such that they have enough space to move around — should survive a potential dormant Commerce Clause attack by out-of-state egg producers. (more…)

EPA’s Attempt to Regulate Methane Emissions Georgetown International Environmental Law Review

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EPA’s Attempt to Regulate Methane Emissions

By David Woodsmall, Staff Contributor

On January 14, the Environmental Protection Agency announced a landmark decision to directly regulate methane emissions from new and modified oil and natural gas wells as part of a larger, cross-agency effort to reduce methane emissions. [1] Regulating methane emission from oil and gas wells has the potential to significantly reduce greenhouse gas emissions, especially if EPA passes a robust rule and promulgates a regulation for existing wells under section 111(b) of the Clean Air Act. Methane emissions, which constitute 9% of greenhouse gas emissions from human activity, impact the climate twenty times greater than carbon dioxide over a 100-year period.[2] The 40-45% decrease in methane emissions from current levels, which the administration hopes to achieve by 2025, could have a significant climate impact. (more…)

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A Human Rights Perspective on Climate Change: What value can it add to international efforts to mitigate climate change?, Part II Georgetown International Environmental Law Review

genevievefoxtitlecardpart2

A Human Rights Perspective on Climate Change: What value can it add to international efforts to mitigate climate change?, Part II

By Genevieve Fox, Staff Contributor

The interrelationship between human rights and climate change has become fairly well articulated and embraced over the past decade. Nonetheless, proponents of a human rights perspective to climate change have yet to demonstrate how it can be used to establish legal obligations or a functional response to the climate change problem. Part I will discuss various impediments that prevents human rights perspective from serving as more than a complement to broader international efforts to respond to climate change. Part II will discuss how a human rights perspective to climate change remains valuable despite these impediments.  (more…)

A Human Rights Perspective on Climate Change: What Value Can it Add to International Efforts to Mitigate Climate Change? Part I Georgetown International Environmental Law Review

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A Human Rights Perspective on Climate Change: What Value Can it Add to International Efforts to Mitigate Climate Change?  Part I

By Genevieve Fox, Guest Contributor

The interrelationship between human rights and climate change has become fairly well articulated and embraced over the past decade. Nonetheless, proponents of a human rights perspective to climate change have yet to demonstrate how it can be used to establish legal obligations or a functional response to the climate change problem. Part I will discuss various impediments that prevents human rights perspective from serving as more than a complement to broader international efforts to respond to climate change. Part II will discuss how a human rights perspective to climate change remains valuable despite these impediments. (more…)

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An International Climate Regime Without an International Climate Treaty Georgetown International Environmental Law Review

CollmannGriffinTitleard

An International Climate Regime Without an International Climate Treaty

By Collmann Griffin, Staff Contributor

An effective climate change regime must be worldwide. Since 1990, increased carbon output in most countries has more than offset the decreased output achieved through complex legislation in others. Furthermore, while all countries would benefit from a worldwide decrease in greenhouse gases, the most rational option for each individual country may be to defect and enjoy the benefits of both its own increased greenhouse gas output and the world’s decreased output. Thus, if each country pursues its rational interest, no country will decrease its own greenhouse gas, and every country loses. The solution seems to require a binding worldwide regime preventing defection. However, the most obvious law for achieving this solution – an effective multilateral climate change treaty – does not seem to be politically possible. (more…)

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part III – Georgetown International Environmental Law Review

Utsav Gupta - Learning from Intellectual Property

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part III

By Utsav Gupta, Staff Contributor

The world has witnessed an unprecedented growth in an international intellectual property regime. However, we have yet to see similar growth in an international environmental regime. In this 3-part series, GIELR Online takes lessons from the harmonization of the international intellectual property regime and proposes applying them to the environmental context. In doing so, it performs a comparative analysis and discusses challenges. Part I discussed changes in our climate and the immediate need to develop enforcement mechanisms for environmental protection. Part II explored the history of the intellectual property regime and its link to free trade. Part III, below, discusses the application of the lessons learned from intellectual property and linking free trade to environmental law, using Mexico and the North American Free Trade Agreement (NAFTA) as case examples. (more…)

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part II – Georgetown International Environmental Law Review

Utsav Gupta - Learning from Intellectual Property

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part II

By Utsav Gupta, Staff Contributor

In Part II of this three-part series, Utsav Gupta explores the history of the intellectual property and its link to free trade. Part I, found here, discussed changes in our climate and the immediate need to develop enforcement mechanisms for environmental protection. Part III will discuss the application of the lessons learned from intellectual property and linking free trade to environmental law, using Mexico and the North American Free Trade Agreement (NAFTA) as case examples. (more…)

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part I – Georgetown International Environmental Law Review

Utsav Gupta - Learning from Intellectual Property

Learning from Intellectual Property: Operationalizing Multilateral Agreements Domestically to Protect the Environment, Part I

By Utsav Gupta, Staff Contributor

The world has witnessed an unprecedented growth in an international intellectual property regime. However, we have yet to see similar growth in an international environmental regime. In this three-part series GIELR online takes lessons from the harmonization of the international intellectual property regime and proposes applying them to the environmental context. In doing so, it performs a comparative analysis and discusses challenges. Part I discusses changes in our climate and the immediate need to develop enforcement mechanisms for environmental protection. Part II explores the history of the intellectual property and its link to free trade. Part III will discuss the application of the lessons learned from intellectual property and linking free trade to environmental law, using Mexico and the North American Free Trade Agreement (NAFTA) as case examples. (more…)

Event: Threat-Multiplier: Exploring the National Security Law and Policy Implications of Climate Change

THREAT – MULTIPLIER

Exploring the National Security Law and Policy Implications of Climate Change

March 20th 10:00 a.m. – 12:00 p.m.
Light breakfast at 9:45 a.m.
Gewirz 12, Georgetown University Law Center,
600 New Jersey Avenue NW, Washington, DC 20001


KEYNOTE ADDRESS

ALICE HILL,
Senior Advisor for Preparedness and Resilience, National Security Council Staff


 PANEL

JOHN CONGER,
Acting Assistant Secretary of Defense for Energy, Installations and Environment

SHERRI GOODMAN,
President & CEO at Consortium for Ocean Leadership

ZVIKA KRIEGER,
Senior Adviser at U.S. Department of State

REAR ADMIRAL JONATHAN W. WHITE,
Oceanographer and Navigator of the Navy
Director, Space and Maritime Domain Awareness

VICKI ARROYO, moderating
Georgetown Climate Center, Georgetown University Law Center


Please register at: http://goo.gl/xieU5z

Follow our live coverage on twitter @Georgetown_IELR

#ClimateSecurity