Emerging Best Practices in International Atmospheric Trust Case Law

With climate change litigation proliferating throughout the world, a substantial body of case law is emerging. As part of a project of the IUCN World Commission on Environmental Law\u27s Climate Change Specialist Group, this Article, a version of which will be included in a “Judicial Handbook on Climate Litigation,” explains the public trust doctrine’s influence on climate change litigation internationally. We select what we view as judicial “best practices” as a kind of restatement of international atmospheric trust law in 2022. International atmospheric trust law is at the forefront of many best practices, as state and federal courts in the United States have fettered the public trust doctrine’s development by erecting procedural hurdles like standing and political question doctrines. On the other hand, international courts do not suffer from these procedural limitations, allowing them to reach the merits of public trust claims in the context of climate change. This Article explains these developments in an effort to synthesize the rapidly developing case law

The Wild and Scenic Rivers Act at 50: Overlooked Watershed Protection

The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to fulfilling its laudable goals of protecting free-flowing rivers, their water quality, and their “outstandingly remarkable values.” We make a number of suggestions to the managing agencies and to Congress if the WSRA’s achievements over the next half-century are to match the last fifty years, including reviving congressional interest in study rivers, updating managing agencies’ river plans to focus on non-federal lands within river corridors, and ensuring that those river plans provide the watershed protection Congress envisioned when it included a significant amount of riparian land within WSRA river corridors. We also call for a new emphasis on rivers that should be studied for their restoration potential and for more states to take advantage of the statute’s unusual pathway for state-designated rivers to gain WSRA protections. A postscript briefly explains a recent congressional proposal to expand the WSRA system, and an appendix catalogues all 226 WSRA river segments designated during the statute’s first fifty years

Heat capacity of α\alpha-GaN: Isotope Effects

Until recently, the heat capacity of GaN had only been measured for polycrystalline powder samples. Semiempirical as well as \textit{first-principles} calculations have appeared within the past few years. We present in this article measurements of the heat capacity of hexagonal single crystals of GaN in the 20-1400K temperature range. We find that our data deviate significantly from the literature values for polycrystalline materials. The dependence of the heat capacity on the isotopic mass has also been investigated recently for monatomic crystals such as diamond, silicon, and germanium. Multi-atomic crystals are expected to exhibit a different dependence of these heat capacities on the masses of each of the isotopes present. These effects have not been investigated in the past. We also present \textit{first-principles} calculations of the dependence of the heat capacities of GaN, as a canonical binary material, on each of the Ga and N masses. We show that they are indeed different, as expected from the fact that the Ga mass affects mainly the acoustic, that of N the optic phonons. It is hoped that these calculations will encourage experimental measurements of the dependence of the heat capacity on isotopic masses in binary and more complex semiconductors.Comment: 12 pages, 5 Figures, submitted to PR

Columbia River Basin Water Law Institutions and Policies Survey: Report to the Western Water Policy Review Advisory Commission

Report to the Western Water Policy Review Advisory Commissio

The Short Range RVB State of Even Spin Ladders: A Recurrent Variational Approach

Using a recursive method we construct dimer and nondimer variational ansatzs of the ground state for the two-legged ladder, and compute the number of dimer coverings, the energy density and the spin correlation functions. The number of dimer coverings are given by the Fibonacci numbers for the dimer-RVB state and their generalization for the nondimer ones. Our method relies on the recurrent relations satisfied by the overlaps of the states with different lengths, which can be solved using generating functions. The recurrent relation method is applicable to other short range systems. Based on our results we make a conjecture about the bond amplitudes of the 2-leg ladder.Comment: REVTEX file, 32 pages, 10 EPS figures inserted in text with epsf.st

Yellow fever vaccine viremia following ablative BM suppression in AML

Univ São Paulo, Sch Med, Dept Infect & Parasit Dis, São Paulo, BrazilHosp Sirio Libanes, São Paulo, BrazilUniv São Paulo, Sch Med, Div Clin Immunol & Allergy, São Paulo, BrazilFundacao Prosangue Hemoctr São Paulo, São Paulo, BrazilUniversidade Federal de São Paulo, Infect Dis Div DIPA, São Paulo, BrazilFundacao Oswaldo Cruz, Rio de Janeiro, BrazilUniversidade Federal de São Paulo, Infect Dis Div DIPA, São Paulo, BrazilWeb of Scienc

Green criminology: shining a critical lens on environmental harm

Green criminology provides for inter-disciplinary and multi-disciplinary engagement with environmental crimes and wider environmental harms. Green criminology applies a broad ‘‘green’’ perspective to environmental harms, ecological justice, and the study of environmental laws and criminality, which includes crimes affecting the environment and non-human nature. Within the ecological justice and species justice perspectives of green criminology there is a contention that justice systems need to do more than just consider anthropocentric notions of criminal justice, they should also consider how justice systems can provide protection and redress for the environment and other species. Green criminological scholarship has, thus, paid direct attention to theoretical questions of whether and how justice systems deal with crimes against animals and the environment; it has begun to conceptualize policy perspectives that can provide contemporary ecological justice alongside mainstream criminal justice. Moving beyond mainstream criminology’s focus on individual offenders, green criminology also explores state failure in environmental protection and corporate offending and environmentally harmful business practices. A central discussion within green criminology is that of whether environmental harm rather than environmental crime should be its focus, and whether green ‘‘crimes’’ should be seen as the focus of mainstream criminal justice and dealt with by core criminal justice agencies such as the police, or whether they should be considered as being beyond the mainstream. This article provides an introductory overview that complements a multi- and inter-disciplinary article collection dedicated to green criminological thinking and research

New apparatus for DTA at 2000 bar: thermodynamic studies on Au, Ag, Al and HTSC oxides

A new DTA (Differential Thermal Analysis) device was designed and installed in a Hot Isostatic Pressure (HIP) furnace in order to perform high-pressure thermodynamic investigations up to 2 kbar and 1200C. Thermal analysis can be carried out in inert or oxidising atmosphere up to p(O2) = 400 bar. The calibration of the DTA apparatus under pressure was successfully performed using the melting temperature (Tm) of pure metals (Au, Ag and Al) as standard calibration references. The thermal properties of these metals have been studied under pressure. The values of DV (volume variation between liquid and solid at Tm), ROsm (density of the solid at Tm) and ALPHAm (linear thermal expansion coefficient at Tm) have been extracted. A very good agreement was found with the existing literature and new data were added. This HP-DTA apparatus is very useful for studying the thermodynamics of those systems where one or more volatile elements are present, such as high TC superconducting oxides. DTA measurements have been performed on Bi,Pb(2223) tapes up to 2 kbar under reduced oxygen partial pressure (p(O2) = 0.07 bar). The reaction leading to the formation of the 2223 phase was found to occur at higher temperatures when applying pressure: the reaction DTA peak shifted by 49C at 2 kbar compared to the reaction at 1 bar. This temperature shift is due to the higher stability of the Pb-rich precursor phases under pressure, as the high isostatic pressure prevents Pb from evaporating.Comment: 6 figures, 3 tables, Thermodynamics, Thermal property, Bi-2223, fundamental valu

Climate change litigation: a review of research on courts and litigants in climate government

Studies of climate change litigation have proliferated over the past two decades, as lawsuits across the world increasingly bring policy debates about climate change mitigation and adaptation, as well as climate change‐related loss and damage to the attention of courts. We systematically identify 130 articles on climate change litigation published in English in the law and social sciences between 2000 and 2018 to identify research trajectories. In addition to a budding interdisciplinarity in scholarly interest in climate change litigation we also document a growing understanding of the full spectrum of actors involved and implicated in climate lawsuits and the range of motivations and/or strategic imperatives underpinning their engagement with the law. Situating this within the broader academic literature on the topic we then highlight a number of cutting edge trends and opportunities for future research. Four emerging themes are explored in detail: the relationship between litigation and governance; how time and scale feature in climate litigation; the role of science; and what has been coined the “human rights turn” in climate change litigation. We highlight the limits of existing work and the need for future research—not limited to legal scholarship—to evaluate the impact of both regulatory and anti‐regulatory climate‐related lawsuits, and to explore a wider set of jurisdictions, actors and themes. Addressing these issues and questions will help to develop a deeper understanding of the conditions under which litigation will strengthen or undermine climate governance. This article is categorized under: Policy and Governance > Multilevel and Transnational Climate Change Governanc

Multiplex PageRank

(15 pages, 6 figures