Climate Intervention Law
Fall 2019 |Tracy Hester |COURSE SYLLABUS | law.uh.edu |
Tracy Hester
Climate Intervention Law
LAW 5397
Fall 2019
CLIMATE INTERVENTION LAW
LAW 5397
Fall 2019
Room BLB 3
COURSE SYLLABUS
ZOOM LINK FOR REMOTE PARTICIPATION:
https://uhlc.zoom.us/j/422337824
| No. | Date | Topics | Guest Speaker(s) | Readings | Background Optional Materials and Comments |
|---|---|---|---|---|---|
| 1. | Aug.19, 2019 | Introduction – Orientation and Overview
Climate Science – background |
Executive Summaryof Fourth National Climate Assessment Report (2017)
Climate Science Basics PowerPoint |
Mauna Kea CO2 cumulative monitoring data
J. Schmandt (ed.), The Impact of Global Warming on Texas, chap. 10 (Policy Options) (June 2011) Global Warming of 1.5 Degrees, IPCC Report (10/7/18) |
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| 2. | Aug. 21, 2019 | Guest lecture (John Nielson-Gammon, Texas State Climatologist, TAMU) | Powerpoint | ||
| 3. | Aug. 26, 2019 | Responding to Climate Change: Mitigation and Adaptation
Climate Cognition |
Executive Summary of N. Stern, The Economics of Climate Change(2006)
The Tragedy of Risk Perception Commons, D. Kahan et al., pp. 1-3, 10-16 A Plan to Keep Carbon in Check, R. Socolow and S. Pacala, Scientific American (Sept. 2006) |
McKinsey GHG Cost Abatement Curve (see page 8)
Texas No-Regrets Strategies Report(2010) R. Socolow, Wedges Reaffirmed, http://www.thebulletin.org/wedges-reaffirmed, Bulletin of the Atomic Scientists (Sept. 27, 2011) |
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| 4. | Aug. 28, 2019 | Overview of Climate Intervention Strategies and Technologies | Climate Engineering Technologies, Eli Kintsch (from Climate Engineering and the Law, 2018)
PowerPoint (.pdf) |
Remaking the World to Save It, T. Hester (2011)
The Law of Direct Air Capture by T. Hester (2018) Scientists’ Letter to House Space Science and Technology Subcommittee re Geoengineering (Nov. 8, 2017) H. 6001 (Rhode Island 2017) |
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| Sept. 2, 2019 | NO CLASS – LABOR DAY HOLIDAY | ||||
| 5. | Sept. 4, 2019 | Climate Intervention and International Law: Foundational Principles, UN Framework Convention, and Kyoto Protocol | Project 1: Project Sunrise (Russia) and MineSave (Canada) | Excerpts from Louis Henkin, Foreign Affairs and the United States Constitution (1998)
Full text of U.N. Framework Convention on Climate Change(focus only on portions that we discuss in class) Full text of Kyoto Protocol (as on-line reference) Powerpoint (.pdf) |
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| 6. | Sept. 9, 2019 | International Law: Applying Paris to Climate Intervention | Paris Agreement final text
U.S. Initial Nationally Determined Contribution General Issues in Elaborating the Paris Rulebook, by Dan Bodansky and Lavanya Rajamani Powerpoint (.pdf) |
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| 7. | Sept. 11, 2019 | NO CLASS – I will be presenting to the National Academy of Sciences workgroup on solar radiation management governance at Stanford this day | |||
| 8. | Sept. 16, 2019 | Other International Law: Climate Intervention, Human Rights Law, and International Trade Law | Human Rights Principles and Climate Change by John Knox
The State of Netherlands v. Urgenda Foundation (Oct. 9, 2018) (skim for discussions of ECHR Arts. 2 and 8) Trade Considerations for Decarbonization Strategies (draft), Prof. Elizabeth Trujillo (2018) |
Petition to the Inter-American Commission on Human Rights Seeking Relief From Violations Resuling From Global Warming Caused by Acts and Omissions of the United States (Dec. 7, 2005)
Animal Legal Defense Fund v. United States, Complaint (D. Ore. filed 10/22/18) Statement of UN Special Rapporteur on Human Rights and Environment re Friends of Irish Environmentproceeding (Oct. 25, 2018) Chapter 24 (Environment) of the U.S.-Mexico-Canada Trade Agreement |
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| 9. | Sept. 18, 2019 | Applying Human Rights Law and International Trade Frameworks to Climate Intervention | Climate Engineering and International Law by Jesse Reynolds (from Climate Engineering and the Law, 2018), pp. 105-108
W. Burns, The Paris Agreement and Climate Geoengineering Governance: The Need for A Human Rights-Based Component (Oct. 2016) S. Duyck et al., Human Rights and the Paris Agreement’s Implementation Guidelines: Opportunities to Develop a Rights-Based Approach(2018) Powerpoint (.pdf) |
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| 10. | Sept. 23, 2019 | Other International Frameworks and Climate Change Law: Using the Oceans to Engineer the Climate | High-Level Review of a Wide Range of Proposed Marine Geoengineering Techniques, UN GEMAP (2019) (skim for overview of technologies)
Geoengineering, the Law of the Sea, and Climate Change by Verlaan (2009) Resolution LC.LP.1on the Regulation of Ocean Fertilization (2008) Powerpoint (.pdf) |
UN Convention on the Law of the Sea Resolution LC.LP.02 (2010) (framework for scientific assessment of ocean fertilization projects) |
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| 11. | Sept. 25, 2019 | Other International Law Frameworks: Engineering the Ocean (Alkalinity) | Project 2: Tribal Salmon Restoration Project | UNEP, Secretariat of the Convention on Biological Diversity, Update on Geoengineering in Relation to the Convention on Biological Diversity(CBD Technical Series No. 84), pp. 8-13, 87-99
Decision X/33, Conference of Parties, Convention on Biological Diversity (2010), paragraphs 8(w), 8(x) on p. 5 Decision XIII/14, CBD COP (2016) Dealing with Ocean Acidification by R. Craig (2016), pp. 390-422, 435-437, 467-471 (overview of U.S. law) PowerPoint (.pdf) |
Center for Biological Diversity v. EPA, 90 F. Supp. 3d 1177 (W.D. Wa. 2015) |
| 12. | Sept. 30, 2019 | Comparative Climate Law and Transnational Liability | Project 3: Vanuatu solar radiation domestic lawsuit and injunction | Current NDC for China (English translation begins on p. 17)
Transnational Liability in U.S. Courts for Environmental Harms Abroad(2018) The Internationalization of Climate Damages Litigation, 7 Wash. J. Envt’l L. & Pol. 264 (2017), pp. 265-269, 285-310, 316-317 Transnational Enforcement PowerPoint (.pdf) |
NDC for India; Brazil; and Canada; European Union and Supplemental Statement from France
T. Hester, Private Claims for a Global Climate: U.S. and Indian Litigation Approaches to Climate Change and Environmental Harm (July 2011) Pandey v. India complaint Gbemre v. Shell (High Court of Nigeria, Nov. 14, 2005) Compliance and Dispute Settlement in Multinational Agreements |
| 13. | Oct. 2, 2019 | Governance of Climate Intervention Research
Weather Modification Law |
National Weather Modification Policy Act of 1976
NWMPA Regulations Rain on Demand by Adriana Velez-Leon, 8 Geo. Wash. J. Energy & Envtl L.148 (Spring 2017) PowerPoint (.pdf) |
Texas Weather Modification Act
Texas Weather Modification Rules Texas Weather Modification Application Form |
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| 14. | Oct. 7, 2019 | Climate Intervention – Military Applications and Emergency Powers | ENMOD
ENMOD discussionfrom Climate Engineering and the Law (Jesse Reynolds) Emergency Powers Extract from Climate Engineering and the Law(chapter by Al Lin) A New National Security Framework for Geoengineeringby Chalucki (2018) |
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| 15. | Oct. 9, 2019 | The Clean Air Act and Climate Intervention | Project 4: Field research test of solar radiation management | Massachusetts v. EPA
Repeal of Clean Power Plan and Affordable Clean Energy Rule overview, pp. 32520-3253 (July 8, 2019) Stratospheric controlled ScopeX Governance Framework (2018) |
Clean Air Act overview from Mastering Environmental Law (2019)
Climate Change Law overview from Mastering Environmental Law (2019) |
| 16. | Oct. 14, 2019 | Climate Intervention, the Clean Water Act and CERCLA/RCRA | Conservation Law Foundation v. ExxonMobil complaint (D. Mass. 2016) (skim)
Testimony to Senate Subcommittee hearing on Disaster Response and Climate Change and questions PowerPoint (.pdf) |
Notice of intent to sue by Center for Biological Diversity to EPA for failure to identify Oregon coastal waters as impaired by acidification (Aug. 18, 2018)
Integrated Reporting and Listing Decisions Related to Ocean Acidification, EPA (Nov. 2010) Columbia Riverkeeper v. PruittMotion for Summary Judgment (8/30/17, W.D. Wash.) EPA Rule on TSCA Petition re Ocean Acidification EPA Fact Sheet re landfills and climate change OSWER Climate Change Adaptation Implementation Plan Act of God Defenses and Climate Change by Prof. Cliff Villa Clean Water Act overview from Mastering Environmental Law (2019) CERCLA/RCRA overview from Mastering Environmental Law (2019) |
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| 17. | Oct. 16, 2019 | Climate Intervention in Polar Regions and Glacial Strategies | Guest Lecture: Dr. Julia Wellner, University of Houston | Geoengineer polar glaciers to slow sea-level rise by J. Moore, 555 Nature303 (March 15, 2018)
Can regional climate engineering save the summer arctic sea ice?by S. Tilmes (2014) Political Legitimacy in Decisions About Experiments in Solar Radiation Management by D. Morrow et al. (2015) Dr. Wellner PowerPoint (.pdf) Hester PowerPoint(.pdf) Lecture (audio file will be provided via email to class) |
HBA Lunch registration for 10/16/19
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| 18. | Oct. 21, 2019 | Climate Intervention, the National Environmental Policy Act, and the Endangered Species Act | Project 5: Florida Keys coral protection project | NEPA and ESA Extract from Climate Engineering and the Law(chapter by Al Lin)
Presidential Executive OrderPromoting Energy Independence and Economic Growth (March 28, 2017) Draft NEPA Guidance on Consideration of Greenhouse Gas Emissions, Council on Environmental Quality (June 26, 2019) Final revisions to ESA regulations under Sections 4, 4dand 7 Governing Geoengineering Research for the Great Barrier Reefby J. McDonald et al. (2018) PowerPoint (.pdf) |
NAS Report on Social Cost of Carbon
Allegheny Defense Project v. FERC Emergency Motion for Stay(10/30/17) NEPA overview from Mastering Environmental Law (2019) ESA overview from Mastering Environmental Law (2019) |
| 19. | Oct. 23, 2019 | Tort Liability and Climate Intervention | American Electric Power v. Connecticut
City of Oakland v. BP PLC complaint(skim); dismissal order Rise in global atmospheric CO2, surface temperature, and sea level from emissions traced to major carbon producers by Ekwurzel et al (2017) U.S. Litigation Tracking Chart PowerPoint (.pdf) |
Comer v. Murphy Oil Co. panel opinion (5th Cir.) (withdrawn)
Comer v. Murphy Oil USA, Inc. (district court decision on re-filing) Kivalina v. ExxonMobil district court; Ninth Circuit ruling San Mateo County v. Chevron(complaint) City of Baltimore v. BP PLC, denial of remand (June 10, 2019) Remaking the World to Save It, T. Hester (2011) (follow-up discussion re state tort law nuisance liabilty for climate engineering) Alec L v. Jackson Memorandum in Support of Motion to Dismiss by United States |
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| 20. | Oct. 28, 2019 | Comparative climate change law and approaches to climate intervention | Guest lecture: Thomas H. Meister, The Honorable General Counsel of Germany (Houston)
Class will meet at noon to 1 pm in BLB 144 |
No readings
Lecture (due to technical difficulties, there is no audio-only link) |
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| 21. | Oct. 30, 2019 | Carbon Capture, Utilization and Sequestration (CCUS), Tax Credits, and Enhanced Oil Recovery as a Possible Climate Strategy | Liability and Compensation (pp. 239-246) from Climate Engineering and the Law (2018) (summary and review of climate tort nuisance issues for climate intervention)
Draft White Paper: 45Q and How A Federal Tax Credit Can Shape the Future of Carbon Management, UH Center for Carbon Management in Energy (2019) Carbon Capture and Storage Project Development, T. Campbell et al., Texas Envt’l L.J. (Spring 2008) Oxy Moves Forward with DAC Test Unit in Permian, J. Blum, Houston Chronicle(May 22, 2019) PowerPoint (.pdf) |
TCEQ and Bureau of Economic Geology, Injection and Geologic Storage of Anthropogenic Carbon Dioxide: A Prelimilary Joint Report(Dec. 2010) | |
| 22. | Nov. 4, 2019 | Applying state laws to climate intervention projects and technologies | Guest lecture: Myles Culhane, Assistant General Counsel, Occidental Petroleum
Class will meet at noon to 1 pm in BLB 3. |
Project 6: DAC, EOR and upstream E&P
Pore Space Caselaw Lecture (I will not post an audio file for this session; please contact me directly if you would like a copy) |
Full CCS Protocol from CARB |
| 24. | Nov. 6, 2019 | Carbon credits, low-carbon fuel standards, 45Q tax credits, and DAC | The LCFS and CCS Protocol: An Overview by the Global CCS Institute (2019) . . .
As Congress Promotes Carbon Capture, A Lack of Pipelines Slows Companies Looking to Cash In, Houston Chronicle (July 12, 2018) The Health and Climate Impacts of Carbon Capture and Direct Air Capture, by M. Jacobson (2019), pp. 1-13. |
Global Roadmap for Implementing CO2 Utilization by The Global CO2 Initiative (Nov. 2016).
Short lecture by Dr. David Keith on Fast Path to Solar Fuels (2019) California LCFS regulations California Executive Order S-01-07 Full California LCFS CCS Protocol |
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| 25. | Nov. 11, 2019 | Corporate transactional perspectives on strategies and acquisitions in CO2 management and climate intervention | Guest lecturers: Timothy Langenkamp, General Counsel of PFJ Energy, and Prof. Bret Wells, UH Law Center
Class will meet at noon to 1 pm in BLB 3. |
The Law of Direct Air Capture from Legal Pathways to Deep Decarbonization in the United States by M. Gerrard and J. Dernbach (2018), pp. 10421-10428 | |
| Nov. 13, 2019 | NO CLASS – I will be out of the United States this day. | ||||
| 22. | Nov. 18, 2019 | State climate change laws and permitting, and applications to climate intervention projects | Climate Change and Federalism from Climate Change Law by Dan Farber (2018)
Rocky Mountain Farmers Union v. Corey (9th Cir. 2019) Energy & Envt’l Legal Institute v. Epel (10th Cir. 201) (per J. Gorsuch) Transport and Climate Initiative framework (Oct. 1, 2019) Rhode Island Bill Would Regulate Geoengineering in Its Many Forms (May 13, 2019) |
City of Houston’s Climate Action Plan
California Executive Order B-55-18(Sept. 10, 2018) The Geoengineering Act, H5992(Rhode Island 2019) |
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| 26. | Nov. 20, 2019 | Class review exercise: regional climate intervention and local laws
Voluntary Review for semester |
Project 6: Heat Wave Emergency Response | Could Aerosol Emissions be Used for Regional Heat Wave Mitigation? by D. Bernstein et al. (2012)
A Matter of Scale: Regional Climate Engineering and the Shorfalls of Multinational Governance by T. Hester (2013) |
Sample final exam question
Sample answer |
| Dec. 2 – Dec. 11, 2019 | Final Exam – 8-hour take-home examination. You can check out the exam online starting at 9:00 am on December 2, and you must submit your exam answers by 5:00 p.m. on December 9. You will have only eight (8) hours to complete your exam once you check it out online.
Please send me any email queries by Nov. 30 at noon – I will try to compile responses and distribute before the exam period opens on Dec. 2. |
Final review email questions | |||