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Journal of Environmental Law Advance Access





Published: Wed, 13 Dec 2017 00:00:00 GMT

Last Build Date: Wed, 13 Dec 2017 06:45:21 GMT

 



Three Years After the French Energy Transition for Green Growth Law: Has the ‘Energy Transition’ Actually Started at the Local Level?

Wed, 13 Dec 2017 00:00:00 GMT

Abstract
In August 2015, the French Parliament adopted the Energy Transition for Green Growth Law. This law contains ambitious qualitative and quantitative targets to be implemented by 2030. In line with what literature has shown, an important share of the success of this energy and climate policy relies on local governments. The law, which was adopted at the same time with decentralisation reforms, creates a lot of new opportunities for local authorities to take action. Thus, there is wholesale energy governance reform. Almost three years after the adoption of the Energy Transition for Green Growth Law, this article aims at presenting the new energy governance framework in France. It also examines how local governments have used their new powers and to what extent they can contribute to the national energy transition. Indeed, although a lot is expected from them, several barriers and challenges stand on their way.



Environmental Justice and Water Markets—an Antipodean Critique

Wed, 13 Dec 2017 00:00:00 GMT

Abstract
Environmental Justice, as an influential movement in the USA, has generated significant policy outcomes because of executive mandate of its adoption in federal agencies. Whilst its initial premise emphasised health consequences of pollutants on underprivileged communities—particularly communities of colour—the concept has additional resonance as a correction to the dominant neo-liberal paradigm in natural resource management, particularly as it applies to rural and remote communities in Australia. This article uses the lense of environmental justice to consider climate change in Australia, considering in particular the effects of marketisation of the natural resource management issues.



Climate Change Litigation and the National Environmental Policy Act

Fri, 08 Dec 2017 00:00:00 GMT

Abstract
Courts have experienced a dramatic rise in climate change claims initiated over the last ten years, yet few studies have empirically documented the outcomes of this litigation. To better understand the universe of climate change litigation, this research analyzed all cases filed under the National Environmental Policy Act (NEPA) through the lens of a legal case characteristic model and a politics of judicial choice model. Overall, courts have adhered to a legal model of decision-making with deference granted to federal defendants in the majority (54%) of cases. However, case outcomes did vary by characteristics including the jurisdictional location, the identity of the lead agency, and the type of NEPA analysis challenged. Although not statistically significant, district court judges appointed by Democratic Presidents tended to decide in favor of environmental plaintiffs more often than Republican appointees.