"Reconceptualizing the Future of Environmental Law: The Role of Private Climate Governance" Free Download
Pace Environmental Law (PELR) Review, Vol. 32, 2015 Forthcoming
Vanderbilt Public Law Research Paper No. 15-11

MICHAEL P. VANDENBERGH, Vanderbilt University - Law School

The environmental issues, policy plasticity, and regulatory instruments that shaped the early decades of environmental law are no longer dominant. Climate change has the potential to dwarf the issues that sparked the environmental movement, the worldviews and coalitions that enabled enactment of more than a dozen major environmental statutes are long gone, and the standard tools of the trade – government regulation, cap-and-trade systems, and taxes – are often not politically viable. Although the ground has shifted under environmental law, new approaches to environmental governance have emerged that can bypass barriers to government action on climate change and other important environmental problems. Recent executive branch regulations will reduce carbon emissions, as will efforts by state and local governments. The international process also may yield additional reductions. But these public governance measures will fall far short of the reductions necessary to reduce the risk of serious climate disruption. The remarkable growth of private climate governance in the last decade demonstrates how private initiatives that target households, corporations, and other organizations can complement public measures and generate major reductions at low cost and without government action. The actors driving these emissions reductions are private institutions rather than government, and the actions are private initiatives, not statutes, regulations or international agreements. These private initiatives do not rely simply on support for climate mitigation, which is often thin, but also harness efficiency incentives that are unexploited because of widespread market and behavioral failures. Private governance is not a substitute for government action, but it can reduce climate risks, complements government response, and provide a window into the future of environmental law.

"The Atomic Age of Data: Policies for the Internet of Things" Free Download

ELLEN P. GOODMAN, Rutgers University School of Law - Camden

This report I authored for the Aspen Institute explores policy challenges for advancing the promise and mitigating the risks of the Internet of Things (IoT). The report begins by describing the distinctive features of the IoT and mapping its applications and architecture. Its policy examination and recommendations fall into six principal areas of focus: Privacy; Data as Infrastructure; Equity, Inclusion, and Opportunity; Civic Engagement; Telecommunications Networks; and Security. The Report explores some of these policy questions in the context of the “smart city? use case.

Recommendations include:
-- Treat IoT data itself as infrastructure – an essential building block for all kinds of economic, social, and civic activity;
-- Design-in security controls that reduce threats to connected devices and systems, and ensure that these security controls can be kept current;
-- Design-in privacy controls that minimize collection of personally identifiable information and effectuate Fair Information Practice Principles;
-- Promote broad accessibility of data and data analytics, which will require interoperable standards in many parts of the IoT ecosystem;
-- Government should promote adoption and diffusion of technology, including building out IoT capabilities when it invests in infrastructure (known as a “dig once? proposal);
-- IoT systems should ensure accessibility for the disabled and underserved through inclusion by design; The IoT should act as a vehicle for citizen participation and empowerment;
-- Government should promote common standards for smart cities and other applications;
-- Government should use procurement powers and regulatory powers to promote privacy and security.


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