An interesting blog post on the issue here about how federal law can bring about the death penalty in a non-death penalty state.

I watched the Republican Presidential Debate last night on Fox News.  It was an odd night with so many candidates and potential candidate sitting out (no Romney, no Gingrich, no Palin, no Trump, no Huckabee, etc.), and I doubt any of the participants will win the nomination.  And it even odder that relative unknown Herman Cain clearly won the debate.  (His website is here, and he certainly performed very well last evening.)  This will be an interesting GOP nomination…people are announcing very late (remember Obama announced the February before the year before the election), and there’s room for some real entertaining additions to the field (e.g., Palin, Bachmann) and already interesting ones in (e.g, Paul).  I remain skeptical that Huntsman will join the field (I believe he’s positioning himself for 2016 regardless of what he ultimately decides this year), and I’m still predicting that Palin wins the GOP nomination until I see evidence to the contrary.

See here.  Given that most GHG emissions from individuals come from driving, for carbon tax proponents a gas tax or driving tax would make the most sense (though potentially politically toxic).  If you’re interested in learning more on this type of idea, the book “Heat” is a good read.


PRESS RELEASE:

VT Law School’s U.S.-China Partnership Names New Faculty Director

FOR IMMEDIATE RELEASE — May 4, 2011

SOUTH ROYALTON, VT –– Vermont Law School Professor Jason Czarnezki, an internationally recognized scholar in environmental and natural resources law and policy, has been appointed faculty director of VLS’s U.S.-China Partnership for Environmental Law.

“I am honored to have the opportunity to continue the Partnership’s work in building  China’s capacity for individual and institutional action to solve environmental and energy problems,” Czarnezki said.

Established in 2006, the U.S.-China Partnership works to improve China’s environmental governance and rule of law, including criminal and civil enforcement of environmental laws and regulations that have been widely ignored during China’s economic boom. “We’re excited to have such an accomplished scholar join our team,” said Assistant Professor Siu Tip Lam, program director of the Partnership.

Under the leadership of Czarnezki and Lam, the Partnership will enter a new era of increased scholarship and academic exchange with Chinese institutions that solidifies VLS’s role as the leading U.S. law school working on Chinese environmental and energy law and policy issues.

Czarnezki will work with Lam to:

  • Expand research and policy development projects on Chinese environmental and energy law;
  • Coordinate research and scholarship between U.S.and Chinese scholars and students;
  • Help develop and implement capacity building programs for Chinese government officials, scholars and lawyers.
  • Strengthen the VLS curriculum on Chinese environmental law and policy;
  • Develop internship programs for VLS students in China;
  • Create academic and student exchanges between VLS and Chinese institutions;
  • Promote scholarly publication and lectures by VLS faculty and students on China’s environmental issues.

Czarnezki, who received a law degree from The University of Chicago, has held academic appointments at Marquette UniversityLawSchool, DePaul University College of Law, and Sun Yat‑sen (Zhongshan) University in Guangzhou, China, where he spent the 2009-2010 academic year as a J. William Fulbright Scholar. He has presented his work on environmentalism, natural resources law, food policy, global climate policy and U.S.-China relations at universities, public interest organizations, government institutions, and conferences throughout the United State sand Asia. He is working on a series of articles about U.S.government involvement in Chinese environmental policy and an edited volume on the future of Chinese environmental policy.

Lam, who has been the U.S.-China Partnership’s program director since May 2010, will continue to direct its capacity building programs in China. Lam came to VLS from the Massachusetts Attorney General Office, where was an assistant attorney general in the Environmental Protection Division. She received her law degree from Northeastern University Law School. A native of Hong Kong, she speaks Mandarin Chinese and Cantonese.

“Professor Czarnezki will deepen our ability to serve students and faculty from China and the U.S. as we further integrate our work in China with our academic program here in Vermont,” said Dean Jeff Shields.

The U.S.-China Partnership has trained more than 1,000 Chinese lawyers, judges, government officials and others, conducted numerous workshops and undertaken other initiatives. The Partnership recently helped to establish China’s first public interest environmental law firm and a new university legal advocacy center devoted to environmental health and safety issues.

Much of the Partnership’s work has been done through grants from the U.S. Agency for International Development. VLS’s partners include Sun Yat-sen University Law School, the Center for Legal Assistance to Pollution Victims at the China University of Political Science and Law, the Vermont-based Regulatory Assistance Project, and the China Environment Forum at the Woodrow Wilson International Center for Scholars.

More information about the U.S.-China Partnership is available at http://www.vermontlaw.edu/x1463.xml

Full Press Release available here.

“Climate Activists Target States With Lawsuits.”  Apparently, like using the common law in AEP v. Conn., the idea is to use the public trust doctrine to protect the atmosphere.  I’m skeptical that courts will allow such an expansio of the doctrine.  My colleage Gus Speth seems more optimistic.

Most food/ag gurus I know are generally supportive of farm raising tilapia given the perceived lower environmental foodprint of the fish, its use as a sustainable ag tool especially in the developing world, and the ability to more effieciently create a protein source.  Here’s a the flip side argument.

The Post has an opinion piece titled “Hold the accolades on China’s ‘green leap forward’.”

China’s Energy and Carbon Emissions Outlook to 2050

Abstract

As a result of soaring energy demand from a staggering pace of economic expansion and the related growth of energy-intensive industry, China overtook the United States to become the world’s largest contributor to CO2 emissions in 2007. At the same time, China has taken serious actions to reduce its energy and carbon intensity by setting both a short-term energy intensity reduction goal for 2006 to 2010 as well as a long-term carbon intensity reduction goal for 2020. This study presents a China Energy Outlook through 2050 that assesses the role of energy efficiency policies in transitioning China to a lower emission trajectory and meeting its intensity reduction goals.

Over the past few years, LBNL has established and significantly enhanced its China End-Use Energy Model which is based on the diffusion of end-use technologies and other physical drivers of energy demand. This model presents an important new approach for helping understand China’s complex and dynamic drivers of energy consumption and implications of energy efficiency policies through scenario analysis. A baseline (“Continued Improvement Scenario”) and an alternative energy efficiency scenario (“Accelerated Improvement Scenario”) have been developed to assess the impact of actions already taken by the Chinese government as well as planned and potential actions, and to evaluate the potential for China to control energy demand growth and mitigate emissions. In addition, this analysis also evaluated China’s long-term domestic energy supply in order to gauge the potential challenge China may face in meeting long-term demand for energy.

It is a common belief that China’s CO2 emissions will continue to grow throughout this century and will dominate global emissions. The findings from this research suggest that this will not necessarily be the case because saturation in ownership of appliances, construction of residential and commercial floor area, roadways, railways, fertilizer use, and urbanization will peak around 2030 with slowing population growth. The baseline and alternative scenarios also demonstrate that China’s 2020 goals can be met and underscore the significant role that policy-driven energy efficiency improvements will play in carbon mitigation along with a decarbonized power supply through greater renewable and non-fossil fuel generation.

“The Xinhua state news agency reported on April 20 that rising sea levels caused by global warming over the past three decades have contributed to a growing number of disasters along China’s coast. According to the State Oceanic Administration (SOA), sea levels have been rising on average 2.6 millimeters per year for the past 30 years, with coastal air temperatures rising 0.4 degrees Celsius, and sea temperatures rising 0.2 degrees Celsius. The SOA stated that the rising sea levels could lead to aggravated storm tides, coastal erosion, seawater invasion, and other disasters. The Intergovernmental Panel on Climate Change predicted that China could be one of the biggest casualties of global warming in coming decades, with northern regions facing water shortages, decreased crop yields, and increasing sandstorms, whereas melting glaciers could increase flood risks in the south. The Chinese government plans to reduce carbon emissions from fossil fuels per unit of gross domestic product 17 percent in the next five years.”

Hat Tip: Patrick Parenteau

I have been irresponsible (especially since I brought the case up in my class this week) in not blogging about AEP v. Conn. (here’s an earlier post), the case considers whether common law nuisance can be used to abate greenhouse gas emissions.  The case was argued before the US Supreme Court this week.  So here are some resources, from bloggers more timely than I, to get my readers up to speed.

The oral argument transcript can be found here.

SCOTUSblog’s case page and Argument Recap.

Commentary at Legal Planet here and here and here (my students will be interested in this last link related to nuisance and remedies).