From Coase to Collaborative Property Decision-Making: Green Economy Innovation

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human lights and environment fields can advance both and enhance resilience

Dynamic Governance Innovation

This article frames environmentally sound innovation in the context of transnational network theory with the goal of setting forth a preliminary framework for international legal policy coherence. I consider how network dynamics can facilitate broad diffusion of environmentally sound technologies, concluding that what appears to be fragmented trade, environment, and human rights regimes are indeed sustainable development building blocks with which to achieve dynamic governance. Collaborative environmentally sound innovation networking may be able to shepherd whole renewable energy sectors across the innovation valley of death and help turn a global responsibility to ramp up green technology into a global initiative to do so

Innovation Cooperation: Energy Biosciences and Law

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks

Wind Power, National Security, and Sound Energy Policy

Wind-generated electricity in the United States has grown by more than 400 percent since 2000. According to the Department of Energy, 6 percent of US land could supply more than one and a half times the current electricity consumption of the country. Yet, challenges remain in matching demand for electricity with supply of wind as well as achieving grid parity. Careful wind turbine and transmission line siting can occur through cooperation between federal, state, tribal, and civil society participation in decision-making. Tribal wind initiatives have shown that developing wind power can also benefit rural communities. Congress should pass a national renewable energy standard of at least 20 percent renewable energy by 2020, guided by ongoing scientific understanding of measures required to avert severe climate change. A timely transition to wind-generated electricity and other environmentally sound technologies can achieve an effective and equitable US energy policy

Tribal, State, and Federal Cooperation to Achieve Good Governance

This article considers tribal, state, and federal cooperation to achieve good governance. Part II discusses the patchwork of laws affecting Indian country and analyzes the ways in which criminal jurisdictional uncertainty affects native sovereignty and public safety. Where the legal analysis does not depend upon the use of the term “Indian,” the following discussion uses the term indigenous peoples. Part III addresses civil jurisdiction over non-Indians in general and tribal water quality regulation in particular. Management of natural resources remains one of the core aspects of sovereignty that tribes have retained. The section examines judicial recognition of tribal water rights to prevent zinc mining in Wisconsin from impacting ancient wild rice harvests of the Chippewa; to require non-Indians to adhere to water standards to reduce transboundary water pollution affecting the Flathead Lake Reservation; and to protect ceremonial use of the Rio Grand River by the Pueblo of New Mexico. Part IV considers homeland security in the context of a devastating methamphetamine crisis among tribal communities. Part V examines the need for public oversight when regulation is devolved to the private sector. Part VI discusses international law in relation to indigenous peoples. This section addresses the domestic relevance of international human rights provisions in protecting indigenous rights. Part VII assesses the prospect for integrated management based upon comity and cooperation. This section addresses equity concerns involved in natural resource protection. Part VIII concludes that federal, state, and tribal entities can enhance international and regional institutions in order to provide good governance

Water, Climate, and Energy Security

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges