Tag Archives: remediation

Confronting a Rising Tide: A Proposal for A Convention on Climate Change Refugees (B. Docherty and T. Giannini)

Author(s)

Bonnie Docherty and Tyler Giannini

Keywords

law, climate change, refugees, national borders, international law, climate change prevention, remediation, human rights protection, humanitarian aid

Abstract

This Article proposes a new legal instrument to confront the issue of climate change refugees. It defines climate change refugees as people whom climate change forces to relocate across national borders. The existing international legal framework — including its laws and its institutions — does not adequately address the emerging crisis. The proposed instrument should create obligations to deal with both prevention and remediation of the climate change refugee problem. First, the instrument should establish guarantees of human rights protections and humanitarian aid for a specific class of people. Second, it should spread the burden of fulfilling those guarantees across the home state, host state, and international community. Finally, it should form institutions to implement the provisions, including a global fund, a coordinating agency, and a body of scientific experts. The comprehensive instrument, drawing on a range of legal precedent and academic literature, would provide a solution that is legally sound, meets humanitarian needs, and is tailored to the specific circumstances of climate change refugees.

Citation

(2009) 33 Harvard Environmental Law Review 349.

Paper

Confronting A Rising Tide: A Proposal for A Convention on Climate Change Refugees

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Superfund at 30 (M.L. Judy & K.N. Probst)

Author(s)

Martha L. Judy and Katherine Nicole Probst

Keywords

Superfund, CERCLA, Trust fund, taxes, environmental, brownfields, cost recovery, liability, natural resources damages, contribution, joint and several, cleanup, spill, emergency, remediation, removal, history, EPA, NPL, environmental policy, environmental economics, environmental liability

Abstract

TABLE OF CONTENTS
Introduction 192
I. Cleaning Up Contaminated Sites 200
A. Program Accomplishments 205
B. NPL Listings/Deletions 206
C. Construction Complete 209
D. Government Performance Results Act Measures 210
E. Removal Actions 212
II. Paying for Cleanup: Taxes and Liability 213
A. Superfund Trust Fund 216
B. Liability as a Funding Mechanism 221
C. Spreading Costs Among Private Parties 230
III. Issues on the Horizon 241
A. Can the Quality and Pace of Cleanups Be Improved? 242
B. What Steps Need to Be Taken to Ensure a Robust and Reliable Long-term Stewardship – or Post-cleanup – Program? 243
C. Will Private Parties Continue To Contribute Work and Money to NPL Cleanups, and Will They Continue To Clean Up Sites on Their Own? 244
D. What Are the Funding Needs for the Superfund Program over the Next Five to Ten Years? 246
E. Improving Superfund Requires Increased Program Evaluation and Greater Transparency 247

Citation

(2009) 11 Vermont Journal of Environmental Law 191

Paper

Superfund at 30

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