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Permit Proposals: Summary of Recommendations
Get PDFAll scenarios for meeting greenhouse gas reduction targets require faster deployment of renewable energy projects. However, the current permitting processes, while designed to ensure environmental and public safety as well as public participation, often delay progress. The challenge is to speed up renewable energy development without compromising environmental and community protections. This white paper by the Sabin Center reviews 15 reports from reputable institutions that identify steps to streamline the permitting process. These recommendations offer strategies to reduce time and costs in advancing renewable energy projects.
This report will be updated from time to time. Readers who identify errors in this report, or wish to tell us about new proposals that should be included in subsequent editions, should send them to [email protected]
The Right to a Healthy Environment in Latin America and the Caribbean: Compliance through the Inter-American System and the Escazú Agreement
Get PDFThe Escazú Agreement has brought a myriad of environmental rights and duties to Latin America and the Caribbean (LAC), including the recognition of a right to a healthy environment and rights of environmental defenders. As a new agreement, the task of implementing the Escazú Agreement still lies ahead. Significantly, a non-judicial, non-punitive, consultative and transparent Committee to support Implementation and Compliance was established as a subsidiary body of the Conference of the Parties to promote implementation. Concomitantly, the Inter-American Court of Human Rights recognised an autonomous right to a healthy environment, establishing it as directly justiciable within the Inter-American System of Human Rights (IASHR). This chapter draws on comparative law to understand the non-compliance and judicial mechanisms available under the IASHR and Escazú, with an especial focus on the right to a healthy environment. Given the broad reach of the regional recognition available in LAC, what are the best mechanisms to use the right to prevent environmental harm? And how does this broad endeavour relate to the need to ensure that parties comply with the Escazú Agreement
The Unraveling of the Federal Home Loan Banks
Get PDFThe Federal Home Loan Bank system is a $1.3 trillion government-sponsored enterprise that operates primarily for the benefit of member financial institutions. Federal Home Loan Bank members enjoy generous dividends and ready access to fresh liquidity. The biggest beneficiaries are the biggest users of the system, including the largest banks and insurance companies in the country and banks facing financial distress. This essay explains the original aims of the Federal Home Loan Bank system, how the system fulfilled those aims quite successfully for decades following its creation in 1932 and how the system evolved to serve primarily private aims. By recovering the early design of the Federal Home Loan Bank system and the conditions that allowed the system to serve public aims, this essay provides a fresh blueprint for how it could and should be reformed
The Will to Chaos and Disorder: The Behemoth as a Model of Political Economy
Get PDFThe history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the willful and intentional deployment of chaos and disorder as a way of governing. Franz Neumann, political and legal theorist and lawyer, Columbia University professor, and member of the Frankfurt School in exile, placed the Behemoth at the heart — and in the title — of his analysis of Germany’s political economy under the Nazi regime. Alongside the Leviathan surveillance state and the many tentacular grips of multinational, social media, and tech Krakens, the Behemoth remains a key model to better understand current forms of capitalism
Executive Actions to Ensure Safe and Responsible Ocean Carbon Dioxide Removal Research in the United States
Get PDFThis paper presents recommended actions that federal agencies could take, under existing law, to ensure safe and responsible permitting and regulation of ocean carbon dioxide removal (CDR) research in U.S. waters. Controlled field trials and other in-ocean research is critical to improve scientific and societal understanding of ocean CDR techniques that could help the U.S. reach its climate goals. That could raise a host of legal issues, however. Existing legal frameworks were not designed to regulate ocean CDR, and federal agencies have yet to fully explain how decades-old environmental laws will be applied to a new set of activities. This paper recommends several actions federal agencies could take to provide greater legal clarity and advance safe and responsible permitting and regulation of ocean CDR. They include actions aimed at enhancing interagency coordination, improving environmental review and stakeholder engagement, and clearly defining the application of existing law to ocean CDR activities
Public Primacy in Corporate Law
Get PDFThis Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and the public
Speaking Collectively: The First Amendment, The Public Sector, and the Right to Bargain and Strike
Get PDFHow is it that the Supreme Court has not understood collective bargaining and strikes among public sector workers to fall within the First Amendment’s ambit? Public sector union activity involves expression, assembly, association, and petitioning. Workers’ ability to form unions and to engage in concerted action in support of their shared goals is an important part of democratic governance. Through unions, workers engage in active citizenship; through association with one another, they express their views collectively and engage the government and the public on issues of public concern. Indeed, in the context of protecting the putative speech rights of union objectors, the Court has recognized that public sector collective bargaining is closely intertwined with politics and governance. Yet, with virtually no analysis, the Supreme Court and numerous lower courts have dismissed arguments for First Amendment protection of public sector bargaining and strikes, even allowing states to prohibit bargaining and criminalize strikes. This Essay traces the history of the doctrine, contrasting it with public sector unions’ own understanding of their First Amendment rights. It argues that although the Supreme Court is unlikely to recognize public employee rights to bargain and strike, public sector workers, especially since 2018, are collectively exercising their First Amendment rights, engaging in a form of constitutional lawmaking from the bottom up. Theirs is the more persuasive interpretation
Billion-Dollar Exposure: Investor-State Dispute Settlement in Mozambique’s Fossil Fuel Sector
Get PDFAlongside preparing for climate change, Africa should invest in the zero-carbon future, avoiding locking itself into the declining fossil fuel–based economy while taking advantage of the opportunities presented by decarbonization. However, investment treaties and investor–state dispute settlement (ISDS) hinder, rather than catalyze, the transition to climate-friendly investment opportunities. This report shows how Mozambique’s international investment agreements and publicly available oil, gas, and coal contracts allow foreign investors to bypass the national judicial system and bring multi-billion-dollar ISDS claims against Mozambique. Such claims can result in significant costs for the country, and they also have a chilling effect on new public-interest regulations in areas such as health, environment, community rights, or labor protections
Black Girls Youth Participatory Action Research & Pedagogies
Get PDFMore than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, Ocen, & Nanda, 2015), qualitative and quantitative research methods were utilized to examine the lived experiences of Black girls and other girls of color. Scholars and activists across disciplinary fields conducted in-depth interviews, surveys, focus groups, and town hall meetings to better comprehend Black girls\u27 lived realities. The Black Girls Matter (BGM) report served as an intervention that filled a knowledge gap, and it brought to light the unique experiences that Black girls and other girls of color experienced in their quest to seek a free and appropriate education
Parental Rights: Rhetoric Versus Doctrine
Get PDFProfessor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem for law reform. But the nature of a restatement is to restate.
Notwithstanding this inherent constraint, I want to underscore one aspect of Gupta-Kagan’s argument and suggest that the Restatement does more than may first meet the eye. Gupta-Kagan applauds the Restatement’s embrace of parental rights for families facing coercive state intervention through the family regulation system. He demonstrates that at several doctrinal forks, the Restatement relies on parental rights to choose the rule that is more protective of family integrity. As Gupta-Kagan shows, by emphasizing these rights, the Restatement reinforces the doctrinal shield that helps protect marginalized families from state intervention. I second the value of this shield, but in my view, the Restatement does something else as well