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Grand Canyon Trust v. Williams: Tribal Land Protection and the Battle for Red Butte

In the midst of a Northern Arizona plateau, a rust-colored hill rises steeply from a base of sandstone to a summit of volcanic rock. The Havasupai Tribe (“the Tribe”) refers to this land as the “mountain of the clenched fist,” and it is one of their most sacred spaces. More commonly known as Red Butte, this property has faced mining threats for decades. Objections based on the site’s cultural and religious significance have been considered and outweighed, leading to mountainside protests and legal action.

Mar 25, 2020
Natalie C. Winters

Regional Energy Governance and U.S. Carbon Emissions

The U.S. Environmental Protection Agency’s final rule that limits carbon dioxide emissions from existing power plants—the Clean Power Plan—is an environmental regulation that powerfully influences energy law and forms a key part of the U.S. plan to meet its voluntary international commitments under the December 2015 Paris Agreement on climate change. Even if portions of the Plan are ultimately struck down, almost any viable pathway to lower carbon emissions will require greater integration of these two areas of law to address the large percentage of U.S. emissions from the energy sector. This integration produces both challenges and opportunities for governance.

Mar 24, 2020
Hannah J. Wiseman & Hari M. Osofsky

Does Active Choosing Promote Green Energy Use? Experimental Evidence

Many officials have been considering whether it is possible or desirable to use choice architecture to increase the use of environmentally friendly (“green”) products and activities. The right approach could produce significant environmental benefits, including large reductions in greenhouse gas emissions and better air quality. This Article presents new data from an online experiment in which 1245 participants were asked questions about hypothetical green energy programs.

Mar 24, 2020
Simon Hedlin and Cass R. Sunstein

Climate Change and International Economic Law

This Article examines an unexplored issue arising at the intersection of international economic law and international environmental law: How might international economic law adapt to allow states in the Global South, which are disproportionately impacted by the sudden and unforeseen impacts of global climate change, to exit or modify economic relationships that render such states more vulnerable to these negative impacts?

Mar 24, 2020
Shalanda H. Baker