Author name: Harvard Law Development

Environmental Law Review Syndicate

[ELRS] From Kyoto to Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC

By Luke Grunbaum, Editor-in-Chief, UCLA Journal of Environmental Law & Policy.

This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment.

The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basic principles and goals for future international agreements on climate change. However, incorporating the ambitious policies and provisions of the UNFCCC into a binding global agreement has proven incredibly challenging. Previous attempts to create a comprehensive international climate agreement (most notably the Kyoto Protocol) have been largely unsuccessful, and many believe that the top-down approach of prior eras must either be updated or completely abandoned. This article will briefly explain some of the inadequacies of prior top-down regimes, examine the shift towards a more bottom-up approach in UNFCCC negotiations, and elaborate on some of the strengths and weaknesses of this new approach.

Environmental Law Review Syndicate

[ELRS] Is CITES Endangered?

By Liz Rasheed, Submissions Editor, New York University Environmental Law Journal. 

This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment.

Illicit wildlife trafficking refers to “any environment-related crime that involves the illegal trade, smuggling, poaching, capture or collection of endangered species, protected wildlife (including animals and plants that are subject to harvest quotas and regulated by permits), derivatives or products thereof.” Many species are targeted by specific international markets, while some are targeted by a multiplicity of markets. For example, tigers are sold live as exotic pets, yet skinned for rugs, while their bones are sold for “medicinal” uses in Asia. Many reptiles and amphibians are commonly targeted for the exotic pet trade, as are primates and tropical birds. Still others are being driven to extinction due to their perception as “fine cuisine” in certain markets. Most notably, illicit animal-derived goods, such as ivory carvings, animal-skin rugs, and taxidermy mountings are seen as status symbols in many parts of the world, and the existence of a market for “canned hunting” of endangered animals on private game reserves makes it increasingly easy for illicit trafficking syndicates to launder illegally poached hides under the façade of legal hunts.

The growth of e-commerce in the global marketplace has made facilitation of illegal transactions increasingly efficient for would-be consumers while protecting their anonymity, and has thus made effective prosecution increasingly difficult. The International Fund for Animal Welfare found in a recent study that the number of online advertisements for CITES Appendix I-listed species in China alone had increased by 279 percent in the past six years, jumping from 544 advertisements identified in 2008 to 2,106 in 2014. Furthermore, the widespread use of social media seems to have facilitated new means of contact between buyers and sellers.

HELR Online

Introducing the Environmental Law Review Syndicate

You may have noticed over the last few weeks a new addition to ELR’s homepage: some excellent posts written by students at other law schools and tagged “ELRS,” for “Environmental Law Review Syndicate.” ELRS is a new project Harvard ELR is undertaking with the environmental-law journals of Berkeley, Lewis & Clark, Georgetown, University of Michigan, NYU, Stanford, UCLA, University of Vermont, and University of Virginia.

Every week, students from one of the ELRS member journals write a short article on an interesting topic or new development in environmental law, and the other journals host the article on their own websites. We hope this effort will connect the community of environmental journals, broaden the reach of our student authors, and foster discussion on cutting-edge topics in the field.

We are very excited about the articles we have already made available through ELRS. Christopher Hyner, Managing Editor at the Georgetown Environmental Law Review, outlines the harmful impacts of large-scale animal agriculture in “A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It.” The Editor-in-Chief of the Michigan Journal of Environmental and Administrative Law, Sarah Stellberg, points out the risk of a Dormant Commerce Clause attack on Michigan’s Renewable Portfolio Standard and suggests an alternative approach to supporting local renewable energy which would be better able to survive a legal challenge in “A Perfect Storm for Michigan’s Renewable Portfolio Standard?” In “Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State,” Kristen Mae Rodgers, Vermont Journal of Environmental Law’s Note Editor, reports on a new development project in rural Vermont that will set the stage for a new era in the state’s land-use policy.

And today we have a brand new submission, from Gillian Schroff, Form & Style Editor at Lewis & Clark’s Environmental Law Review. “What is Reasonable?: The Consideration of Economic Effects in Reasonable and Prudent Alternatives Under the Endangered Species Act” explains the controversy over attempted water diversions in California which have been blocked by the ESA in order to protect the endangered delta smelt, at an estimated cost of $2.2 billion in agricultural productivity. But concern over these short-term economic impacts, Gillian argues, is irrelevant to the ESA’s mandate to ensure the health of ecosystems in the long run.

New ELRS articles will be posted every Monday, so be sure to check back weekly!

Environmental Law Review Syndicate

[ELRS] Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State

By Kristen Mae Rodgers, Note Editor, Vermont Journal of Environmental Law

This post is part of the Environmental Law Review Syndicate. Click here to see the original post.

Vermont is leading the nation in the local, sustainable food movement and the new food economy. In fact, Vermont is the frontrunner in farm stands, community supported agriculture (CSA) programs, and farmers’ markets per capita across the entire United States. According to the USDA, Vermont is one of few states to see a boom in new farms. In 2014, Vermont bucked national trends showing growth in large-scale agricultural operations, and instead favored growth in small-scale agricultural operations. These small-scale farms make up the real strength in the local food movement for the state and highlight Vermont’s community-based approach to agriculture.

Scroll to Top