International and Environmental Law

ABA SEER Nanotechnology Project

2008-09-28T13:36:00.000-04:00

This post is from my former blog "Environmental Law" and was originally posted on September 30, 2007.

The American Bar Association's Section of Environment, Energy and Resources has a Nanotechnology Project. Attorneys involved in the field of manufactured nano materials wrote papers regarding how the regulation of nano materials fit within each environmental statute. The papers can be found on the ABA's website for the project.

ISO for Nanotechnologies

2008-09-28T13:33:00.001-04:00

This post is from a former blog "Environmental Law", originally published September 30, 2007.

Currently underway is the process to bring nanotechnologies within the International Standards Organization's standards. Here is the Chairman's speech on the uses of nanotechnologies. Some uses include purifying water, fuel cells and batteries, and production of light weight materials.

IUCN conference in Barcelona--ELC events

2008-09-28T13:22:00.000-04:00

Lois Schiffer speaks at EPA

2008-09-20T13:30:00.002-04:00

On September 16, 2008 I was able to see a very prominent woman attorney speak at EPA’s Office of Enforcement and Compliance Assurance’s Distinguished Speaker Series. Lois Schiffer, former Assistant Attorney General for the Environmental and Natural Resources Division at the U.S. Department of Justice, currently is General Counsel of the District of Columbia’s National Capital Planning Commission. She also teaches at Georgetown law school which she thoroughly enjoys. She has had an incredible career and loves what she does. This was apparent during her talk. Lois told of her career path which has taken her to some unexpected, yet fulfilling, positions. She told of her career successes in environmental and administrative law.

White House announces answer to Massachusetts

2007-05-16T20:46:00.000-04:00

On May 14, 2007, President Bush instructed the EPA, DOT, DOE and USDA to work together to reduce gas consumption and greenhouse gas emissions, as part of the President's Twenty in Ten plan to reduce gasoline consumption by 20% in 10 years. The instruction was partly in response to the Massachusetts vs. EPA Supreme Court decision in which the Court held that EPA had authority under the Clean Air Act to regulate carbon dioxide.

These federal departments and EPA are to develop and implement regulations that 1) "reform and modernize" the corporate average fuel economy (CAFE) standards for cars and 2) increase the use of alternative fuels. Both of these are aimed at reducing gasoline consumption in the United States.

As for carbon dioxide, the President's annoucement stated that the federal departments and EPA are to "take the first steps toward regulations . . . that will make our economy stronger, our environment cleaner, and our nation more secure for generations to come."

The federal bodies must complete all of these regulations by the end of 2008.

So much Climate Change, so Little Time

2007-04-19T12:25:00.000-04:00

There has been an incredible amount of climate change coverage lately that it' hard to keep up.

The Intergovernmental Panel on Climate Change (IPCC) Working Group II panel issued its latest report, “Climate Change 2007: Impacts, adaptation and vulnerability.” The
International Institute for Sustainable Development – Reporting Services Division (IISD) noted some important findings. The report described the "observed and projected impacts of climate change includ[ing] various changes in the natural environment, flooding and food and water shortages." Click here for the IISD article.

Click here to read the Summary for Policymakers.

The Climate Registry--infancy stage

2007-03-25T14:15:00.000-04:00

Numerous states have informally agreed to start a registry of companies that are voluntarily cutting back greenhouse gas emissions. The registry, known as The Climate Registry, will be a single database to keep track of companies that are reducing their GHG emissions. The registry could be used to push Congress for a national registry and national emissions limits; it could be used to give companies credit for emissions reductions made prior to enactment of national legislation restricting emissions.

Click here for article on Planet Ark.

Latest edition of Multilateral Environmental Agreements Bulletin

2007-03-25T14:08:00.000-04:00

The latest edition of the MEA Bulletin contains articles on new publications, draft documents, and several meetings, including the fifth session of the Committee for the Review of the Implementation of the Convention of the U.N. Convention to Combat Desertification and the Compliance Committee under the Cartagena Protocol on Biosafety.

Click here for Issue 23 of the Bulletin, March 22, 2007.

INECE 2006 Year in Review

2007-03-06T19:46:00.000-05:00

The International Network for Environmental Compliance and Enforcement (INECE) has published a letter identifying its accomplishments for 2006.** Read the 2006 Year in Review.

Topics covered in the Year in Review are:

Developing Regional and Topical Networks for Enforcement Cooperation

Strengthening Capacity for Compliance & Enforcement Throughout the Regulatory Cycle

Raising Awareness of the Importance of Compliance & Enforcement

INECE Governance

**"The International Network for Environmental Compliance and Enforcement (INECE) is a partnership of government and non-government enforcement and compliance practitioners from more than 150 countries. INECE's goals are: raising awareness to compliance and enforcement; developing networks for enforcement cooperation; and strengthening capacity to implement and enforce environmental requirements." Read more about INECE.

Upcoming Events

2007-02-24T13:09:00.000-05:00

I get a lot of emails about upcoming conferences, lectures, etc. on international environmental law topics. As new ones come in, I will add them to this post.
___________________________________________
February 28, 2007
University of Pennsylvania Institute for Environmental Studies
Presents Joseph M. Manko,
Manko, Gold, Katcher & Fox, LLP

Laboratories of Democracy: The Collision of Federal and Local Global Warming Policy in the United States

Mr. Manko will review Massachusetts v. EPA and the potential aftermath of the court's decision.

Click here for more information

____________________________________________
March 6-8, 2007
Las Vegas, NV
Power-Gen Renewable Energy & Fuels

Click here for more information
___________________________________________
March 28-31, 2007
Washington, D.C.
American Society of International Law Annual Meeting
Click here for more information
___________________________________________
March 30-31, 2007
The Hague, Netherlands
Conference: "Tackling climate change - Anappraisal of the Kyoto Protocol and options for the future"

The Conference will focus on the legal and institutional aspects of theKyoto Protocol implementation and the post-2012 phase, bringing togetherthe most qualified experts worldwide on the subject.

Click here for more information
__________________________________________
April 12-13, 2007
Washington, D.C.
ALI-ABA Course of Study: International Environmental Law
Click here for more information
__________________________________________
May 1-5, 2007
Washington, D.C.
ABA Section of International Law Spring Meeting
Click here for more information
__________________________________________
May 14-15, 2007
Palais Brongniart, Place de la Bourse, Paris
OECD Forum 2007

Topics will include: Innovation and growth; Sharing the benefits of globalisation; and Strengthening the multilateral system

Click here for more information

Sir Nicholas Stern at legislators' conference on climate change

2007-02-19T09:09:00.000-05:00

Sir Nicholas Stern spoke at the legislators' conference on climate change held in Washington, D.C. last week, as explained in a World Bank article. There is also a link to Sir Stern's interview discussing the effects of climate change, including reduced snow and ice in the Himalayas.

World Bank's Renewable Energy website

2007-01-28T21:59:00.000-05:00

The World Bank has a website devoted to Renewable Energy for Development. It includes news articles on the funding of renewable energy projects and reports on achievements and progress in the area of renewables funding.

Sustainable development means reducing poverty and conserving our natural resources, among other things. The type of development encouraged by the World Bank that helps provide poor, rural people with renewable energy for their homes and businesses, is truly sustainable development.

Law, Environment and Development Journal

2007-01-21T12:34:00.000-05:00

From the LEAD website:

The Law, Environment and Development Journal (LEAD Journal) is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the School of Law of the School of Oriental and African Studies (SOAS) – University of London and the International Environmental Law Research Centre (IELRC).

Current issue of LEAD

Sustainable Development Law & Policy

2007-01-21T10:20:00.000-05:00

American University's Washington College of Law has a publication titled "Sustainable Development Law & Policy." It's basically a law journal devoted to sustainable development. Volume VI, Issue 2 (Winter 2006) was a special edition on Climate Law. There are many excellent articles in this issue explaining the climate change issues. The issue is based on a workshop held in November 2005 hosted by the International Network for Environmental Compliance & Enforcement (INECE).

One article (Confidence Through Compliance in Emissions Trading Markets, by Joe Kruger and Christian Egenhofer) compared the regulatory cultures of the U.S.'s and EU's emissions trading programs. As part of the comparison, the article explains the United States' SO2 trading program in very clear terms.

Another article (Comment on COP 11 to the UNFCCC), while focusing on the COP 11, explained the very basics of the United Nations terminology and connectedness of the Conferences of the Parties, Meetings of the Parties, Kyoto Protocol, and United Nations Framework Convention on Climate Change.

Scientists + Evangelicals = fight climate change

2007-01-21T09:41:00.000-05:00

In order for climate change legislation (such as limits on greenhouse gas emissions) to become a reality in the U.S., there must be public support of the idea. As you can see by my blog, the concept of climate change and the need to stop it is becoming mainstream. The general public seems to be taking to the idea that limits on GHG are necessary to slow global climate change. But when can one say that it is mainstream? An article from Planet Ark on scientists and evangelical Christians joining forces to protect the earth from global warming might be the manifestation that the idea is mainstream. (Well, this and the many front page articles in mainstream magazines. See Vogue's Green Issue, for example.)

The Economist, Nov. 18-24, 2006 issue

2007-01-17T20:54:00.000-05:00

This issue is titled Green Dreams. The special report article (Tilting at windmills, requires subscription) is about renewable energy and includes a discussion of how and why government subsidies are not the best way to encourage investment in renewable energy. The basic idea is that subsidies distort the market by making renewable energy look like a better investment than it might be. Another reason subsidies may not be the best idea is because the government decides which industries to subsidize and governments don't always pick the right industry.

Planet Ark: articles on climate change & greenhouse gases

2007-01-16T21:37:00.000-05:00

It is hard to keep up with all of Planet Ark's daily Reuters World Environment News articles on topics such as climate change and greenhouse gas emissions. The articles cover the globe; it's a way to learn about how other countries view climate change issues.

Today's articles include GE's plan to develop projects to reduce greenhouse gas emissions and global warming is on the agenda as part of President Bush's State of the Union address.

Outside Magazine article on renewable (wind) energy

2007-01-15T12:02:00.000-05:00

A Mighty Wind, by Florence Williams, in Outside Magazine's February 2007 edition.

Outside Magazine recently published an article on wind power. The article reviews the energy independence of the Danish island of Samso. Samso's energy independence comes from wind farms. Samso is well situated for such renewable energy since it receives 20-mile an hour winds on a regular basis. Samso produces enough energy to support its energy needs and has excess energy to sell to the mainland.

This is a link to the summary of the articles in the February 2007 edition: http://outside.away.com/outside/toc/200702.html

OECD Forum 2006

2006-12-02T21:35:00.000-05:00

Link to the OECD 2006 Forum that took place in May 2006. The panel discussing Energy and the Economy starts at page 45 of the document.
http://www.oecd.org/dataoecd/30/14/37402043.pdf

Oil spill in Mediterranean from Lebanese power plant

2006-12-02T21:32:00.000-05:00

An oil spill off the Lebanese coast of the Mediterranean created an environmental disaster in July 2006. The oil spill was a result of bombing of a power plant in Jiyyeh, and due to hostilities, response to the spill was delayed by weeks. The Environment News Service has more on the devastation.

EPA's international involvement

2006-10-31T06:52:00.000-05:00

International cooperation and involvement is as important as it has ever been, and this importance has existed for many years. In March 1997, EPA submitted a Report to Congress titled “Strengthening EPA’s International Programs”. www.epa.gov/international/about/rpttocongress.html. The report explains that “[i]nternational cooperation is a key element in EPA’s ability to achieve its mission.” Overcoming the challenges of protecting human health and the environment requires the cooperation of other countries. For example, cross border air pollution affects air quality in the United States; improper use of chemicals abroad can affect the safety of food in the U.S.; reducing ozone depleting compounds emissions by U.S. companies could be undermined by emissions of these compounds abroad; pollution in the Caribbean could affect fisheries in the United States; persistent organic pollutants (POPs) transport could affect health in the U.S. There are numerous other examples, but by enlisting the cooperation of other nations in reducing environmental threats, EPA reduces the risks of harm and the cost of environmental protection. Collaborating with international organizations will result in a more economic approach to environmental protection by avoiding duplication.

A priority of the Administrator’s Action Plan is “Global Environment”. (See Action Plan) As part of that priority, the Administrator calls for EPA to promote energy security; reduce air pollution and greenhouse gas emissions; implement the Persistent Organic Pollutants Treaty; and advance international collaboration on environmental issues. In addition to the Action Plan, EPA’s 2006-2011 Strategic Plan shows that EPA understands the importance of international cooperation as a means of achieving its mission. I have selected portions of the Strategic Plan that highlight this understanding.

EPA Strategic Plan 2006-2011
EPA’s 2006-2011 Strategic Plan lists five goals that the Agency plans to meet to achieve its mission over the next five years: Goal 1 - Clean Air and Global Climate Change; Goal 2 – Clean and Safe Water; Goal 3 – Land Preservation and Restoration; Goal 4 – Healthy Communities and Ecosystems; and Goal 5 – Compliance and Environmental Stewardship. Each of the chapters for these goals mentions working with international organizations to reduce pollution, that in turn, protects human health and the environment.

Goal 1 – Clean Air and Global Climate Change: “Protect and improve the air so it is healthy to breathe and risks to human health and the environment are reduced. Reduce greenhouse gas intensity by enhancing partnerships with businesses and other sectors.”
EPA recognizes the interconnectedness of energy supply and demand and air quality. See page 25 “Emerging Issues and External Factors”. “The current, fundamental imbalance between energy supply and energy demand, and the effect of that imbalance on the economy, is debatably the most significant environmental issue that has emerged since EPA developed our 2003-2008 Strategic Plan. . . . Higher, more volatile energy prices could create pressures affecting air quality programs and goals.”

“We face another challenge in the rising level of emissions that originate in other countries . . . . [I]nternational efforts will complement our local and regional control efforts to protect public health and our domestic investments.” Therefore, EPA must work cooperatively with other countries to decrease emissions globally. Page 26.

Each goal is divided into several objectives. Objective 1.1 is Healthier Outdoor Air. One of the ways EPA plans to meet this objective is through working with partners, such as the international science community, to better understand the movement of pollutants in and out of the United States and to assess potential mitigation strategies. Page 15. Many types of air pollutants can be transported across national borders. Therefore, EPA is working with other governments to address this transboundary pollution. EPA will promote capacity building and technology transfer by working through bilateral agreements and international partners.

Objective 1.3 of Goal 1 is to Protect the Ozone Layer. In accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer, EPA will continue implementing domestic programs to reduce and control ozone-depleting substances and enforcing rules on their production, import and emission. See pp 17-18.

Objective 1.5 is to Reduce Greenhouse Gas Emissions. Page 19. To meet this objective, EPA will promote international partnerships to reduce global methane emissions and enhance economic growth.

Goal 2 - Clean and Safe Water. An emerging issue related to clean and safe water is access to safe drinking water worldwide. To improve access to safe drinking water, EPA will continue to work with the other federal agencies and departments. Page 53.
Objective 2.2 is to Protect Water Quality. Sub-objective 2.2.2 is to Improve Coastal and Ocean Water. In order to improve coastal and ocean waters, EPA will negotiate international standards to address invasive aquatic species. Page 47.

Goal 3 - Land Preservation and Restoration. Objective 3.1 is to Preserve Land. To do this, EPA waste management programs will continue working with other countries and international agencies to devise regulatory initiatives to protect the global environment. EPA’s membership on and work with the Commission for Environmental Cooperation’s Hazardous Waste Task Force will strengthen compliance and enhance border security. Pages 61-62.

Goal 4 – Healthy Communities and Ecosystems. “Collaborative efforts are also key to enhancing and sustaining environmental progress domestically and abroad. EPA works with other U.S. government agencies and cooperates with other nations and international organizations to identify, develop, and implement policies for addressing environmental problems.” Page 78. To prevent and reduce pesticide and industrial chemical risks, EPA works with international entities such as the Organization for Economic Cooperation and Development and Partnership for Clean Fuels and Vehicles. See pages 81-84. EPA has worked with the international scientific community and other countries to register reduced-risk pesticides, reducing the risk to Americans from foods imported from other countries. Page 84.

Objective 4.2 Communities: sustain, clean up, and restore communities. This objective is broken down into specific communities such as the Arctic Indigenous Communities. For the Arctic communities, persistent organic pollutants are a huge problem. To reduce this risk, EPA will work with Russia and other Arctic countries to reduce these pollutants. Page 93.

Goal 5 – Compliance and Environmental Stewardship. “To meet our domestic environmental challenges, we continue to cooperate and coordinate with our international partners to promote environmental stewardship globally.” Page 125.

Cross-Goal Strategies. Innovation and collaboration are even more important today due to the decreasing budget. Collaborating with others will help EPA achieve its mission and EPA has established three strategic priority areas for our international engagement: reduce transboundary pollution, advance U.S. interests abroad, and promote good environmental governance. Pages 153-154. A reduction air pollution and toxic substances generated in other countries will help EPA meet its environmental protection goals because many of these substances travel into the United States from other countries.

About the World Conservation Union (IUCN)

2006-10-24T22:02:00.000-04:00

From the IUCN website: http://www.iucn.org/en/about/#2

The World Conservation Union is the world’s largest and most important conservation network. The Union brings together 82 States, 111 government agencies, more than 800 non-governmental organizations (NGOs), and some 10,000 scientists and experts from 181 countries in a unique worldwide partnership.

The Union’s mission is to influence, encourage and assist societies throughout the world to conserve the integrity and diversity of nature and to ensure that any use of natural resources is equitable and ecologically sustainable.

The World Conservation Union is a multicultural, multilingual organization with 1000 staff located in 62 countries. Its headquarters are in Gland, Switzerland.

The International Union for the Conservation of Nature and Natural Resources.

Use of the name “World Conservation Union” began in 1990, but the full name and the acronym are often used together as many people still know the Union as IUCN.

International Institute for Sustainable Development (IISD) links

2006-10-24T21:41:00.000-04:00

Chemicals Management media reports
http://www.iisd.ca/media/chemical_management.htm

Chemicals Management upcoming events
http://www.iisd.ca/upcoming/linkagesmeetings.asp?id=4

Chemicals Management recent meetings
http://www.iisd.ca/recent/recentmeetings.asp?id=4

Link to Earthjustice's International Issues website

2006-10-22T10:53:00.000-04:00

This page lists international environmental law cases in which Earthjustice has been involved.
Earthjustice's International Issues website

New Zealand's Centre for Environmental Law

2006-10-22T10:14:00.000-04:00

The New Zealand Centre for Environmental Law is located at the University of Auckland.

From the website:

The NZCEL was created to build on the Faculty of Law's expertise in the area of environmental law and resource management law.
. . . .
Internationally, New Zealand's environmental legislation ranks among the world's most advanced and attracts the attention of many countries in their attempt to achieve sustainable development.
. . . .
The establishment of the NZCEL is intended to provide a focal point for research, education, community-service, and a range of environmental law activities in New Zealand and the wider Asia Pacific region.

NZ's Centre for Environmental Law

Link to NRDC International Issues website

2006-10-22T10:09:00.000-04:00

This page discusses NRDC's international environmental activities.

From the website:

NRDC mobilizes activists around the world to help protect indigenous and traditional communities and crucial wildlife habitat from industrialization. At the same time, we help secure the fulfillment of international treaties and commitments to help stem urgent threats to the planet including global warming, species extinction and illegal logging.

http://www.nrdc.org/international/default.asp

The International Environmental News

2006-10-19T22:02:00.000-04:00

The American Bar Association's International Law Section's International Environmental Law Committee's newsletter from Winter/spring 2006.

Winter/Spring 2006 ABA Newsletter

International Institute for Sustainable Development Update 10-18-06

2006-10-19T21:48:00.000-04:00

IISD Earth Negotiations Bulletin bi-weekly update for October 18, 2006.