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National Environmental Policy Act

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International EIA Law and Geoengineering: Do Emerging Technologies Require Special Rules?

2015
Scholarly Work
Neil Craik
This article explores the adequacy of the international rules on environmental impact assessments (EIA) to contribute to geoengineering governance.

Governing geoengineering research: why, when and how?

2013
Scholarly Work
Lisa Dilling, Rachel Hauser
This paper suggests three areas of concern that any geoengineering governance research framework must respond to: the direct physical risks of the research; the transparency and responsibility in decision; and the larger societal meanings.

The Paradox of Regulating Negative Emissions Technologies Under US Environmental Laws

2018
Scholarly Work
Tracy D. Hester
This article explores why federal and state legislatures and agencies should explicitly declare how (or if) current environmental laws will apply to NETs and provide guidance to the public and stakeholders.

Geoengineering Research Under U.S. Law

2018
Scholarly Work
Norman Carlin, Robert A. James
This article examines the principles of domestic United States law applicable to geoengineering research projects and walks through a theoretical analysis for an environmental impact statement under the National Environmental Policy Act (NEPA).

Remaking the World to Save It: Applying U.S. Environmental Laws to Climate Engineering Projects

2011
Scholarly Work
Tracy D. Hester
This Article examines how U.S. environmental laws might apply to climate engineering research and how the U.S. courts would review disputes over those projects.

Once a Fringe Idea, Geoengineering Moves to Center Stage in Policy Arena

2020
News/Commentary
Shuchi Talati, Robert James, Wil Burns
This edited transcript from an Environmental Law Institute webinar looks at potential domestic U.S. legal governance structures and the international institutions that might be applicable to governing carbon dioxide removal.

Legal Pathways to Negative Emissions Technologies and Direct Air Capture of Greenhouse Gases

2018
Scholarly Work
Tracy Hester
This Article assesses the legal and policy challenges of decarbonizing the atmosphere itself through negative emission technologies and, in particular, direct air capture.

It’s Getting Hot in Here: A Look into Whether Ocean Iron Fertilization is Legally Viable in the United States

2015
Scholarly Work
James Richards
This article analyzes the legal status of ocean iron fertilization under United States laws and international laws, in the context of the Planktos experiment, in order to shed light on whether this strategy could be legally viable.

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