Legal Challenges At The End Of The Fossil Fuel Era

This edited collection proposes a wide range of approaches to address the legal issues pertaining to the end of the fossil fuel era. While the fossil fuel era is coming to an end both because of the inherent limits of its resources and because of the need to prevent to further pump out CO2 in an already saturated atmosphere, the legal dispositions to ensure an ordered and rational shift toward cleaner energy still need to be developed. Not only in relation to CO2 emissions themselves but also in relation to the manifold issues related to environmental justice in an era of global climate change and global warming. This book is unique in that it provides a theoretical framework but also works to address cutting edge issues through a series of case studies.

A provocative call for delegitimizing fossil fuels rather than accommodating them, accompanied by case studies from Ecuador to Appalachia and from Germany to Norway. Not so long ago, people North and South had little reason to believe that wealth from oil, gas, and coal brought anything but great prosperity. But the presumption of net benefits from fossil fuels is eroding as widening circles of people rich and poor experience the downside. A positive transition to a post-fossil fuel era cannot wait for global agreement, a swap-in of renewables, a miracle technology, a carbon market, or lifestyle change. This book shows that it is now possible to take the first step toward the post-fossil fuel era, by resisting the slow violence of extreme extraction and combustion, exiting the industry, and imagining a good life after fossil fuels. It shows how an environmental politics of transition might occur, arguing for going to the source rather than managing byproducts, for delegitimizing fossil fuels rather than accommodating them, for engaging a politics of deliberately choosing a post-fossil fuel world. Six case studies reveal how individuals, groups, communities, and an entire country have taken first steps out of the fossil fuel era, with experiments that range from leaving oil under the Amazon to ending mountaintop removal in Appalachia.

The present energy economy, with its heavy dependence on fossil fuels, is not sustainable over the medium to long term for many interconnected reasons. Climate change is now recognized as posing a serious threat. Energy and resource decisions involving the carbon fuels therefore play a large role in this threat. Fossil fuel reserves may also be running short and many of the major reserves are in politically unstable parts of the world. Yet citizens in nations with rapidly developing economies aspire to the benefits of the modern energy economy. China and India alone have 2.4 billion potential customers for cars, industries, and electrical services. Even so, more than half of the world's citizens still lack access to energy. Decisions involving fossil fuels are therefore a significant part of the development equation. This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today. It first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then moves on to explore sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy.

A provocative call for delegitimizing fossil fuels rather than accommodating them, accompanied by case studies from Ecuador to Appalachia and from Germany to Norway. Not so long ago, people North and South had little reason to believe that wealth from oil, gas, and coal brought anything but great prosperity. But the presumption of net benefits from fossil fuels is eroding as widening circles of people rich and poor experience the downside. A positive transition to a post-fossil fuel era cannot wait for global agreement, a swap-in of renewables, a miracle technology, a carbon market, or lifestyle change. This book shows that it is now possible to take the first step toward the post-fossil fuel era, by resisting the slow violence of extreme extraction and combustion, exiting the industry, and imagining a good life after fossil fuels. It shows how an environmental politics of transition might occur, arguing for going to the source rather than managing byproducts, for delegitimizing fossil fuels rather than accommodating them, for engaging a politics of deliberately choosing a post-fossil fuel world. Six case studies reveal how individuals, groups, communities, and an entire country have taken first steps out of the fossil fuel era, with experiments that range from leaving oil under the Amazon to ending mountaintop removal in Appalachia.

This dissertation makes the moral case for equitably transitioning away from fossil fuels in line with keeping global warming as close as possible to the Paris Climate Agreement’s more stringent target of keeping global warming to 1.5°C above pre-industrial levels. It argues that we should do so while relying as little as possible on risky and uncertain negative emissions and geoengineering technologies, as doing so might prolong the fossil fuel era and pose grave potential costs both to the present and future generations. The dissertation addresses a central objection to the moral imperative to transition away from fossil fuels, namely that it will detrimentally impact the poor and vulnerable. It argues in response that protecting the interests of the poor and vulnerable is best achieved through a rapid yet just transition away from fossil fuels. Based on the moral case to transition away from fossil fuels in line with 1.5°C the dissertation also explores what personal moral responsibility individuals have to take action to reduce fossil fuel usage and act on climate change. It does so by situating our moral responsibility in the context of what it argues is an emergency situation where need to rapidly and comprehensively move away from fossil fuels to avert catastrophic climate change and the immense harms associated with continued fossil fuel dependence. Based on the development of an Anti-Pollution Principle, it concludes that in the face of this emergency we have demanding moral responsibilities to reduce our personal emissions but which can be outweighed by the more important task of collectively pushing for deep, rapid, and comprehensive structural change away from fossil fuel dependency.

A devastating, play-by-play account of the federal government's leading role in bringing about today's climate crisis. In 2015, a group of twenty-one young people sued the federal government for violating their constitutional rights by promoting the climate catastrophe, depriving them of life, liberty, and property without due process of law. They Knew offers evidence for their claims, presenting a devastating, play-by-play account of the federal government's role in bringing about today's climate crisis. James Speth, tapped by the plaintiffs as an expert on climate, documents how administrations from Carter to Trump--despite having information about climate change and the connection to fossil fuels--continued aggressive support of a fossil fuel based energy system. What did the federal government know and when did it know it? Speth asks, echoing another famous cover up. What did the federal government do and what did it not do? They Knew (an updated version of the Expert Report Speth prepared for the lawsuit) presents the most compelling indictment yet of the government's role in the climate crisis, showing a forty-year failure to take action. Since Juliana v. United States was filed, the federal government has repeatedly delayed the case. Yet even in legal limbo, it has helped inspire a generation of youthful climate activists. An Our Children’s Trust Book

This comprehensive volume provides the first book-length account on the politics of fossil fuel subsidies. This title is also available as Open Access.

Ending the fossil fuel industry is the only credible path for climate policy Around the world, countries and companies are setting net-zero carbon emissions targets. But what will it mean if those targets are achieved? One possibility is that fossil fuel companies will continue to produce billions of tons of atmospheric CO2 while relying on a symbiotic industry to scrub the air clean. Focusing on emissions draws our attention away from the real problem: the point of production. The fossil fuel industry must come to an end but will not depart willingly; governments must intervene. By embracing a politics of rural-urban coalitions and platform governance, climate advocates can build the political power needed to nationalize the fossil fuel industry and use its resources to draw carbon out of the atmosphere.

Legal Pathways to Deep Decarbonization in the United States provides a "legal playbook" for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity. The book is based on two reports by the Deep Decarbonization Pathways Project (DDPP) that explain technical and policy pathways for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. This 80x50 target and similarly aggressive carbon abatement goals are often referred to as deep decarbonization, distinguished because it requires systemic changes to the energy economy. Legal Pathways explains the DDPP reports and then addresses in detail 35 different topics in as many chapters. These 35 chapters cover energy efficiency, conservation, and fuel switching; electricity decarbonization; fuel decarbonization; carbon capture and negative emissions; non-carbon dioxide climate pollutants; and a variety of cross-cutting issues. The legal options involve federal, state, and local law, as well as private governance. Authors were asked to include all options, even if they do not now seem politically realistic or likely, giving Legal Pathways not just immediate value, but also value over time. While both the scale and complexity of deep decarbonization are enormous, this book has a simple message: deep decarbonization is achievable in the United States using laws that exist or could be enacted. These legal tools can be used with significant economic, social, environmental, and national security benefits. Book Reviews "A growing chorus of Americans understand that climate change is the biggest public health, economic, and national security challenge our families have ever faced and they rightly ask, ''What can anyone do?'' Well, this book makes that answer very clear: we can do a lot as individuals, businesses, communities, cities, states, and the federal government to fight climate change. The legal pathways are many and the barriers are not insurmountable. In short, the time is now to dig deep and decarbonize." --Gina McCarthy, Former U.S. Environmental Protection Agency Administrator "Legal Pathways to Deep Decarbonization in the United States sets forth over 1,000 solutions for federal, state, local, and private actors to tackle climate change. This book also makes the math for Congress clear: with hundreds of policy options and 12 years to stop the worst impacts of climate change, now is the time to find a path forward." --Sheldon Whitehouse, U.S. Senator, Rhode Island "This superb work comes at a critical time in the history of our planet. As we increasingly face the threat and reality of climate change and its inevitable impact on our most vulnerable populations, this book provides the best and most current thinking on viable options for the future to address and ameliorate a vexing, worldwide challenge of extraordinary magnitude. Michael Gerrard and John Dernbach are two of the most distinguished academicians in the country on these issues, and they have assembled leading scholars and practitioners to provide a possible path forward. With 35 chapters and over 1,000 legal options, the book is like a menu of offerings for public consumption, showing that real actions can be taken, now and in the future, to achieve deep decarbonization. I recommend the book highly." --John C. Cruden, Past Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice "This book proves that we already know what to do about climate change, if only we had the will to do it. The path to decarbonization depends as much on removing legal impediments and changing outdated incentive systems as it does on imposing new regulations. There are ideas here for every sector of the economy, for every level of government, and for business and nongovernmental organizations, too, all of which should be on the table for any serious country facing the most serious of challenges. By giving us a sense of the possible, Gerrard and Dernbach and their fine authors seem to be saying two things: (1) do something; and (2) it''s possible. What a timely message, and what a great collection." --Jody Freeman, Archibald Cox Professor of Law and Founding Director of the Harvard Law School Environmental and Energy Law Program

In Victorian London, filth was everywhere: horse traffic filled the streets with dung, household rubbish went uncollected, cesspools brimmed with "night soil," graveyards teemed with rotting corpses, the air itself was choked with smoke. In this intimately visceral book, Lee Jackson guides us through the underbelly of the Victorian metropolis, introducing us to the men and women who struggled to stem a rising tide of pollution and dirt, and the forces that opposed them. Through thematic chapters, Jackson describes how Victorian reformers met with both triumph and disaster. Full of individual stories and overlooked details--from the dustmen who grew rich from recycling, to the peculiar history of the public toilet--this riveting book gives us a fresh insight into the minutiae of daily life and the wider challenges posed by the unprecedented growth of the Victorian capital.