CLEAR in the News

Highlights

CLEAR to Participate in United Nations Conference on Sustainable Development in Rio

In June 2012, the Center for Law, Environment, Adaptation and Resources (CLEAR) at UNC School of Law will be participating in the civil society side events during the United Nations Conference on Sustainable Development (UNCSD) in Rio, Brazil. The conference, known as Rio+20, marks the 20th anniversary of the United Nations Conference on Environment and Development. Thousands of participants, including world leaders, policy makers, NGOs, the private sector, and other stakeholders, are expected to attend. As of early May 2012, a total of 193 U.N. member nations had confirmed their participation.

The objective of Rio+20 is to secure an international commitment to sustainable development. The discussions will center around two main themes: (1) a green economy in the context of sustainable development and poverty eradication; and (2) an institutional framework for sustainable development. In addition to these two themes, Rio+20 will focus on seven priority issues: jobs, energy, cities, food, water, oceans and disasters. Participants will review past progress in these areas and consider examples of successful sustainable development to fuel their discussions.

The conference is expected to result in a focused political document that will establish goals and outline commitments for implementing sustainable development measures. Prior to Rio+20, thousands of participants will be meeting to prepare for the conference and create a draft of the document that will later be negotiated at the official discussions in June. The Commission on Sustainable Development, which was created at the UNCSD in 1992, intends for these measures to reduce poverty while promoting decent jobs, clean energy and a more sustainable and fair use of resources. Brazilian Environmental Minister Izabella Teixeira has expressed her desire for the conference to end with an obligation from everyone to commit to goals on sustainable production and consumption.

CLEAR Director and UNC School of Law faculty member Victor B. Flatt will be speaking at the civil society side events during Rio+20. These events are not part of the official negotiations, but rather provide a forum for the discussion and examination of critical issues surrounding the conference.

On June 15, Flatt will discuss the role of law in climate change adaptation at the Worldwide Conference of Environmental Jurists. Flatt's scholarship at UNC School of Law focuses on the legislative and regulatory mechanisms needed to address climate change adaptation in the United States, and he recently published a related article in the Florida Law Review entitled "Adapting Laws for a Changing World: A Systemic Approach to Climate Change Adaptation."

In addition, on June 19, CLEAR will be co-sponsoring a half day program on "Climate Change Adaptation, Law and Sustainability" in collaboration with the Environmental Law Institute and the American Society of International Law. The event will address the importance of law and legal systems for effective climate change adaptation, theoretical frameworks for approaching the adaptation of law and policy, and specific examples of these ideas in practice. Flatt will be speaking at the program, along with Carl Bruch of the Environmental Law Institute and representatives from the United Nations Environment Programme.

Victor Flatt will be blogging live from Rio. For up-to-date information on Rio+20 as it progresses, as well as news from the civil society side events, follow the blog at http://fuelfix.com/blog/voices/flatt-out-environmental.

Students Prepare Short Papers for 2012 Environmental Law Symposium

Members of the Environmental Law Project, a student-organized group at UNC School of Law, recently prepared short papers for the 2012 Festival of Legal Learning's Environmental Law Symposium. The papers explored current topics in environmental law, and each focused on one of the following areas: "The Intersection Between Energy Law and Environmental Law", "Hydraulic Fracturing and North Carolina", "Energy and Catastrophes", and "Global Warming and the Energy-Environment Connections of an Emerging Legal Regime."

Papers were edited by second-year law students Joan Blazich, Kate Claflin, Kelsey Feeheley, Janie Hauser, Stephanie Murr, David Roadcap, Asher Spiller, Dan Tracey, Elizabeth Turgeon, Kira Whitacre and Rebecca Yang.

A list of student authors and links to full articles are available.

Victor Flatt Presents ELI Seminar on Federal Climate Change Adaptation

On December 1, 2011, CLEAR Director Victor Flatt presented a seminar on Federal Climate Change Adaptation: Current Efforts, Political Debates, and Future Potential. The seminar was held at the Environmental Law Institute and examined the current state of federal climate change adaptation efforts, existing legal authority for further adaptation policy, and the current political debate surrounding the issue which could affect federal policy making.

An audio recording of the event is available.

Victor Flatt Serves as Visiting Scholar at the Environmental Law Institute

CLEAR Director Victor Flatt will serve as a Visiting Scholar at the Environmental Law Institute (ELI) this Fall. Flatt is the Tom & Elizabeth Taft Distinguished Professor in Environmental Law. He is a leading scholar in environmental enforcement and has focused on legal approaches to adaptation in the face of climate change. Widely published, six of his articles have been finalists or have been selected among the top 10 environmental law articles of the year. His recent article on state spending on environmental enforcement was singled out as one of the top environmental articles in academia by the 2011 Environmental Law and Policy Annual Review, which is published by ELI.

"I am very excited to collaborate with ELI at this important time in understanding how we are going to move forward in planning climate change adaptation, both domestically and internationally. I have been a fan of ELI's real-world work for a long time and have enjoyed collaborating with them on ideas and articles in the past. I look forward to what can result from close work over a longer period of time." - Prof. Victor B. Flatt.

ELI is an internationally recognized, non-partisan research and education center working to strengthen environmental protection by improving law and governance worldwide. It has played a pivotal role in shaping the fields of environmental law, policy, and management, domestically and abroad. ELI's work conducts impartial analysis of important environmental issues for opinion makers, including government officials, environmental and business leaders, academics, members of the environmental bar, and journalists. ELI's Environmental Law Reporter is the leading site for academics, government officials and private sector attorneys to discuss the important environmental issues of the day.

CLEAR Director Victor Flatt Presents at Workshop on "Disasters and Sociolegal Studies" in Onati, Spain

CLEAR Director Victor Flatt participated in an international workshop on Disasters and Sociolegal Studies on July 21 and 22, 2011, where he presented on the role of non-profit organizations in long term disaster recovery.

The multidisciplinary workshop was held in Onati, Spain, and was hosted by the International Institute for the Sociology of Law. Flatt was among 20 scholars from Australia, Portugal, Spain, Germany and the United States who attended.

The workshop addressed the relationship between sociolegal studies and disaster studies, as well as the legal frameworks and governance structures that apply to disasters, climate change and humanitarian aid. Attending scholars examined these topics in the context of recent disasters such as Hurricane Katrina, the Deepwater Horizon oil spill, and the earthquakes in Haiti and the Sichuan province in China.

Flatt's presentation on "the role of non-profits in long term disaster recovery and the need for recognition of that role in official long term recovery planning documents" is closely tied to his work at UNC School of Law. As Director of the Center for Law, Environment, Adaptation and Resources (CLEAR), Flatt's work examines the legal frameworks affecting the ability of communities to adapt to climate change. As a part of his scholarship, Flatt examines disaster preparedness and response planning.

Carolina Law Students Participate in Carbon Trading Class with University of Houston business students

A ground-breaking class on "The Practice of Carbon Trading" is being offered simultaneously at the University of North Carolina School of Law and the University of Houston Bauer College of Business. A live video feed links the classroom experience between the two schools, allowing students to learn from the professors and each other. Carolina Law students will partner with Bauer Business students on academic projects designed to tackle climate change issues.

Events

Along with the North Carolina Bar Association, CLEAR presented a Continuing Legal Education Program on cap and trade for greenhouse gases on December 3, 2010

Federal Adaptation Policy under Existing Law Workshop
CLEAR, the Nicholas Institute, and Center for Progressive Reform hosted a workshop of academics, government agents, and the private sector to discuss what path could be taken under existing federal law to address adaptation policy.

Flatt on Copenhagen
Victor Flatt, who attended the recent climate change conference in Copenhagen, shared his personal experience at the FedEx Global Education Center on January 19, 2010. A link to download the video is available from iTunesU. Professor Flatt also spoke at Chapman University's Beyond Copenhagen: An International Conference on Climate Change, on the Physical Science, Energy & Law Panel, on April 23, 2010. You can access the webcasts online.

CLEAR reception for new UK consul General for the Southeast
CLEAR hosted a reception for the new UK consul General for the Southeast, Annabelle Malins, on October 7, 2009. C-G Malins spoke of the UK's commitment to addressing climate change and working with CLEAR on various climate change projects. On October 8, CLEAR assisted with meetings between CG Malins, two UK Members of Parliament, and members of North Carolina's legislative and executive branches.

At the invitation of several law school units, including CLEAR, the German Ambassador to the United States spoke on the U.S.-German Climate Bridge at UNC.

Legal News, Op-eds and Publications

CLEAR releases report on the important role of non-profits in long term disaster recovery. Read the story.

The Institute for Homeland Security Solutions has posted the research brief: Assessing the Disaster Recovery Planning Capacity of the State of North Carolina, the first part of a CLEAR/UNC Center of Excellence for Homeland Security project which addresses how states plan for long term disaster recovery and climate change adaptation.

Council on Environmental Quality releases report on Interagency Approach to Adaptation. Adopts Recommendations of the CLEAR April 2010 workshop.

What if Drilling Goes Really Wrong?
An op-ed by Victor Flatt, published on July 5, 2010 in the Raleigh News & Observer.

CLEAR Research Fellows prepare white paper examining "Best Policies for Reversal in Avoided Deforestation Offsets." The paper examines the mechanisms to ensure environmental integrity in avoided deforestation offsets in the legislative and policy proposals, and proposes that a reserve process should be coupled with an insurance requirement to address failures in the reserve system. The paper also does a market analysis of such an insurance market, and suggests policy changes that might allow the market to develop.

Did a single week reverse energy fortunes forever?
An editorial by Victor Flatt, published on May 8, 2010 in the Houston Chronicle.

Flatt in IndustryWeek
IndustryWeek has quoted Professor Victor Flatt on climate regulation in a recent article, The Future of Energy Part One - Emissions Regulation: A New Era Dawns. Professor Flatt discusses the registering of emissions, as well as whether emissions will be governed by legislation from Congress or by EPA regulations:

The latter is a result no one in industry wants, say Flatt of the University of North Carolina. Though comprehensive legislation passed by Congress might not be perfect, it would be a more palatable solution, crafted in part to help appease industrial interests. EPA regulations, some fear, would be more onerous.

"If the climate bill does not pass this spring, the EPA's going to start regulating," says Flatt. "I'm positive of that. It will look pretty similar to what's been proposed by Congress -- focusing on the same size emitters. But it will come faster than the legislation and won't include some of the regulations on fuel importation that is included in the legislation." (From IndustryWeek.)

Global Warming and Women (also published by the Herald-Sun)
An Op-ed by Victor Flatt and Donna Surge on the effects of global warming on the world's women. Featured in the Chapel Hill News & Observer and the Durham Herald-Sun. In a related report released in June 2011, Plan U.K. and the U.K. Department for International Development addressed the disproportionate impact of climate change on adolescent girls in developing countries.

Flatt Blogs on Climate Change for the Houston Chronicle
A regular blog by Victor Flatt, director of CLEAR

Boxer-Kerry an Improvement over ACES on Offsets
A post for CPRBlog by Victor Flatt

UNC and Duke Energy sign contract to develop coastal wind pilot project
An article from UNC News

Group sues to force greenhouse gas regulation
CLEAR professor comments on Texas lawsuit on regulating greenhouse gases



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