Ongoing Climate Litigation in the ECHR

The European Court of Human Rights (ECHR) recently conducted a hearing for an ongoing climate litigation case that may have significant impact around the world. The case was brought by six Portuguese youths against the 33 member states of the Council of Europe, and accuses the governments of failing to protect against the increasing impacts of climate change. Complainants assert that this failure to address human-caused climate change has violated their fundamental rights as guaranteed under the European Convention on Human Rights (“the Convention”). Respondents have challenged the admissibility of the case, as well as the Complainants’ status as victims of climate change.

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What is the Role for Heat Pumps?

Heat pumps are revolutionary devices that leverage the principles of thermodynamics to transfer heat from one location to another. Contrary to traditional heating systems that generate heat, heat pumps extract warmth from the environment – air, ground, or water – and channel it into buildings for heating purposes, this can lead to 2 to 3 times the efficiency of ordinary heaters. Operating in a manner akin to a refrigerator, they use a refrigerant to absorb heat from a low-temperature area and release it at a higher temperature.

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Is the Public Trust Doctrine a Potential Vehicle for Climate-Change Litigation?

The public trust doctrine’s foundation lies in English common law and was initially established to protect public commerce along navigable waterways. It has since been recognized in the United States in the landmark case, Illinois Central Railroad Company v. Illinois. In this case, the Court determined that all navigable waters in the United States and land under them are held in public trust by the government for the public interest. “Water is a ‘commons’ good that no single person government should keep for their own.”

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The Impact of the Renewable Energy Rush on Indigenous Peoples

Indigenous peoples’ lands and territories constitute at least 28% of the global land surface. Indigenous people represent 5,000 unique cultures worldwide, and they protect 80% of the world’s remaining biodiversity. At the same time, despite having contributed the least to climate change, many indigenous people will experience the most drastic impacts from it if humans don’t ramp up renewable energy production rapidly and worldwide. Yet is it possible to do so without repeating the atrocities of the past or worsening indigenous peoples’ circumstances in the present?

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Wildlife Services: The Inappropriately Named Government Agency

To one unfamiliar with the work of Wildlife Service, the name may lead one to believe the division aims to serve and benefit the interests of wildlife; that notion could not be further from the truth. Wildlife Services is a division of the United States Department of Agriculture (USDA) responsible for the death of 1.85 million animals in 2022.

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Making Waves/The Wave of the Future: Floating Photovoltaic Arrays

Water and solar energy are the building blocks of life—especially in the arid West. An emerging technology takes advantage of both has the potential to provide 50% of the world’s ongoing energy needs through a clean, green new technology: Floating photovoltaics (FPVs). Alternatively known “aquavoltaics”1 (AVs), “floating solar arrays,” or “floatovoltaics,” FPVs can increase sustainable energy production while decreasing the costs and ecological concerns related to terrestrial solar arrays.

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Sustainability Paradox: The Price of Electric Vehicles Batteries to the Ocean's Deepsea Floor

The prospect of deepsea mining provides a predicament for environmental activists and policymakers globally. It has largely been accepted that a transition from gas to electric vehicles would help decrease the release of greenhouse gases into the atmosphere. Despite this fewer than one percent of vehicles on the road today are electric vehicles.

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Limiting Tribal Environmental Protections

On August 4th, 2021, wild rice sued the Minnesota Department of Natural Resources (DNR) in the White Earth Tribal Court. Wild Rice sued the Minnesota DNR for its issuance of a permit to the Canadian corporation Enbridge to construct a tar sands oil pipeline from Alberta, Canada to Lake Superior. The pipeline was proposed to cross lands ceded to the United States government by the Chippewa Tribe and lands that the Chippewa tribe still retained treaty rights on to gather wild rice and other aquatic plants.

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Do we have a Human Right to a Clean Environment?

Is the right to a clean environment a protected human right? According to the United Nations and a collection of youth plaintiffs in lawsuits across the U.S., the answer is yes. If so, then the door is opening to a new approach to climate justice litigation, based on pre-existing treaties and state constitutions, that could change the way environmental justice advocates approach their work. This spring and summer, several important cases will be tried that could set the precedent for whether or not this approach will work.

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Should Colorado really sequester carbon?

Carbon capture and sequestration (CCS) is a technology that has the potential to reduce carbon dioxide (CO2) emissions from power plants and other industrial facilities. Colorado has been identified as one of three places in the southwestern United States with possible geographical sequestration formations that would allow it to serve as a regional sequestration sink. There are numerous risks that carbon sequestration carries.

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