Table of Contents

Re-Tooling Marine Food Supply Resilience in a Climate Change Era: Some Needed Reforms

Robin Kundis Craig, University of Utah S.J. Quinney College of Law

Leadership by Diffusion and the German Energiewende

Karoline Steinbacher, Environmental Policy Research Centre, Freie Universität Berlin
Michael Pahle, Potsdam-Institut für Klimafolgenforschung (PIK)

Shared Sovereignty: The Role of Expert Agencies in Environmental Law

Michael C. Blumm, Lewis & Clark Law School
Andrea Lang, Lewis & Clark Law School

Shareholder Primacy and Corporate Compliance

Judd F. Sneirson, Savannah Law School


"Re-Tooling Marine Food Supply Resilience in a Climate Change Era: Some Needed Reforms" Free Download
Seattle University Law Review, 2015

ROBIN KUNDIS CRAIG, University of Utah S.J. Quinney College of Law

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a critical source of protein (30 percent or more of protein consumed) in many specific countries around the world, including several countries in Africa, Japan, Greenland, Taiwan, Indonesia, and several South Pacific island nations.

Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and pollution. However, climate change poses new and significant threats to marine fisheries and aquaculture that could both reduce the global marine food resource base and render ineffective current fisheries management. As a result, the resilience of the marine food supply into the future is very much in question, threatening food security in sometimes insidious ways. This article first explores humans’ dependence on wild-caught marine fish and marine aquaculture before examining the emerging threats that climate change poses to wild fish stocks, marine aquaculture, and fisheries management. It then examines six ways that governments could internationally and individually re-tool marine-related governance systems to adapt to this climate change era, particularly by recognizing that fish stocks are increasingly likely to shift their ranges from historical norms and by recognizing that marine aquaculture may not be possible in all places. The article concludes, however, that while productive re-tooling is still possible, the world also needs to face the probability that marine fish and marine aquaculture will become increasingly unreliable sources of food (protein) and that resilience-focused governance policies for marine aquaculture in particular are increasingly important.

"Leadership by Diffusion and the German Energiewende" Free Download

KAROLINE STEINBACHER, Environmental Policy Research Centre, Freie Universität Berlin
MICHAEL PAHLE, Potsdam-Institut für Klimafolgenforschung (PIK)

The German energy transition – the “Energiewende? – sparks considerable interest around the globe, triggering reactions from admiration and inspiration to skepticism and bewilderment. Gaining followers on the way to a more sustainable energy system has been a main rationale for the country’s energy transition and German decision-makers frequently claim leadership in this field. But what does it mean to be an “Energiewende leader? and how can ambitions for Energiewende leadership be put into practice? Since answers to this question remain scattered and vague, our aim in this paper is to conceptualize leadership for the Energiewende case, explore its drivers and instruments empirically, and discuss policy implications. We concentrate on “leadership by diffusion? as an under-researched form of external governance, using a simple analytical framework derived from the literature on leadership and policy diffusion. In a first step, we analyze German parliamentary debates to explore the motivations for international Energiewende leadership and then review measures taken to translate this aim into action. We subsequently discuss Germany’s approach to Energiewende leadership against the background of an evolution of the Energiewende itself. From this analysis, we find that while Germany has been a highly active leader facilitating the worldwide diffusion of renewables, a comprehensive leadership strategy in line with the increased ambitions of the Energiewende – towards a comprehensive energy system transformation – has not yet emerged. Such a strategy requires consistency across government, transparent communication, and open dialogue with potential followers. As the main declared motivation for Energiewende leadership is to advance global climate action, this strategy above all needs to be geared towards effective climate leadership. Crucial for this is (a) to safeguard legitimacy of the Energiewende as a policy model by giving priority to climate protection at the domestic level (“sending side?), and (b) to ensure that knowledge created in the implementation process is shared with and adaptable to the local context in other parts of the world (“receiving side?).

"Shared Sovereignty: The Role of Expert Agencies in Environmental Law" Free Download

MICHAEL C. BLUMM, Lewis & Clark Law School
ANDREA LANG, Lewis & Clark Law School

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.?

In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate the “shared sovereignty? paradigm, although they vary in their interpretation. The first two statutes allow commenting and consulting agencies (we call both “expert? agencies) some authority, often significant, over the decisions of so-called “action agencies.? More decisive authority for expert agencies exists under the Endangered Species Act. And the latter two statutes give expert agencies conclusive decision-making authority.

We think that drafters of future environmental legislation may profit from this comparative analysis of pluralistic agency decisionmaking, and we claim that the environment has benefited from the last several decades of implementing the shared sovereignty paradigm. Our view is that shared sovereignty is — and has been — an integral part of modern environmental law and should continue to be a foundation element in its future.

"Shareholder Primacy and Corporate Compliance" Free Download
Fordham Environmental Law Journal, Vol. 26, 2015

JUDD F. SNEIRSON, Savannah Law School

Corporations, like the rest of us, must comply with environmental and other laws or suffer the consequences. Unfortunately, these consequences can pale in comparison to the gains to be made from non-compliance. Law-and-economics scholarship recognizes this and, by treating many laws as mere costs of doing business, encourages a certain amount of deliberate non-compliance. According to this view, corporate compliance should turn on profitability or whether compliance would otherwise benefit the firm. This Article argues that the law-and-economics scholarship is wrong on the law, wrong as a matter of economics, and not how most firms in fact behave. As for the firms that do flout applicable laws in the name of profit, the Article advances corporate law proposals and other solutions to rebalance cost-benefit analyses in favor of compliance.


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