Environmental Law. He is a leading scholar in environmental enforcement and has focused on legal approaches to adaptatio
Quarterly Newsletter
Fall 2011
Center for law, environment, adaptation and resources University of North Carolina School of Law
Savasta-Kennedy Receives Fulbright Award
CLEAR Director Serves as a Visiting Scholar at the Environmental Law Institute in academia by the 2011 Environmental Law and Policy Annual Review, which is published by ELI. I am very excited to collaborate with ELI at this important time in understanding how we are going to move forward in planning climate change adaptation, both domestically and internationally,” says Flatt. “I have been a fan of ELI's real-world work for a long time and have enjoyed collaborating with them on ideas and articles in the past. I look forward to what can result from close work over a longer period of time.”
UNC School of Law Professor and CLEARaffiliated faculty member Maria SavastaKennedy has received a Fulbright award to teach “Legal Techniques in Environmental Law” in Xi’an China for the 2012 Spring semester. Savasta-Kennedy teaches Environmental Law, Environmental Law Practice and Policy, and Pretrial Litigation at the law school. She also serves as a faculty adviser for the Environmental Law Project, the Carbon Reduction Working Group, the Low Income Weatherization Project, and the Environmental Moot Court Team. Savasta-Kennedy is also serving as a council member on the North Carolina Bar Association Environment, Energy, and Natural Resources Law Section Council.
INSIDE CLEAR in the News 1-3 Events 3 Research and Publications 4 - 5 Recent Developments 6-9
CLEAR Director Victor Flatt will serve as a Visiting Scholar at the Environmental Law Institute (ELI) this Fall. Flatt is the Tom & Elizabeth Taft Distinguished Professor in Environmental Law. He is a leading scholar in environmental enforcement and has focused on legal approaches to adaptation in the face of climate change. Widely published, six of his articles have been finalists or have been selected among the top 10 environmental law articles of the year. His recent article on state spending on environmental enforcement was singled out as one of the top environmental articles
ELI is an internationally recognized, nonpartisan research and education center working to strengthen environmental protection by improving law and governance worldwide. It has played a pivotal role in shaping the fields of environmental law, policy, and management, domestically and abroad. ELI's work conducts impartial analyses of important environmental issues for government officials, environmental and business leaders, academics, members of the environmental bar, and journalists. ELI's Environmental Law Reporter is the leading site for the discussion of important environmental issues of the day.
UNC School of Law Offers New Course on Energy Law This Fall, UNC School of Law added a course in energy production and distribution, and is planning to further expand classroom offerings at the intersection of environment, energy, climate and resources. The course was created pursuant to recommendations by UNC School of Law’s energy law advisory board, which was established due to the rising importance of energy to discussions of environment and
climate, North Carolina’s focus on renewable energy, and the status of the region as headquarters to the largest energy distribution companies and alternative energies such as wind and biomass. Past course offerings in environmental law have included the Practice of Carbon Trading, Interagency Environmental Cooperation, Environmental Practice and Policy, International Environmental Law, and Environmental Ocean and Coastal Law.
Fall 2011
CLEAR Director Presents at International Workshop on Disasters and Sociolegal Studies CLEAR Director Victor Flatt participated in an international workshop on Disasters and Sociolegal Studies on July 21 and 22, 2011, where he presented on the role of non-profit organizations in long term disaster recovery. The workshop was held in Onati, Spain, and was hosted by the International Institute for the Sociology of Law. Flatt was among 20 scholars from Australia, Portugal, Spain, Germany and the United States who attended. The workshop addressed the relationship between sociolegal studies and disaster studies, as well as the legal frameworks and governance structures that apply to disasters, climate change and humanitarian aid. Attending scholars examined these topics in the context of recent disasters such as Hurricane Katrina, the Deepwater Horizon oil spill, and the earthquakes in Haiti and the Sichuan province in China.
Flatt's presentation on "the role of nonprofits in long term disaster recovery and the need for recognition of that role in official long term recovery planning documents" is closely tied to his work at UNC School of Law. Flatt’s scholarship examines the legal frameworks affecting the ability of communities to adapt to climate change, as well as disaster preparedness and response planning.
Kalo to Present on Estuarine Shoreline Issues at 2012 Festival of Legal Learning natural resource issues that are likely to impact North Carolina’s estuarine shoreline over the next 15 to 20 years. Kalo’s scholarship focuses on environmental and natural resources law, as well as property law and conservation. He teaches Advanced Property Law and Environmental Ocean and Coastal Law at UNC School of Law.
UNC School of Law Professor and CLEAR-affiliated faculty member Joseph Kalo will be presenting at the 22nd Annual Festival of Legal Learning on Friday, February 10, 2012. The Festival will be held at the William and Ida Friday Continuing Education Center in Chapel Hill. The session will focus on the North Carolina coast and will explore emerging
Kalo is the Co-Director of the North Carolina Coastal Resources Law, Planning and Policy Center, which is a partnership of the law school, the North Carolina Sea Grant Program and the UNC Dept. of City and Regional Planning. The center hosts the annual Shape of the Coast symposium, and will also be co-hosting the 2011 State of the Sounds Symposium in New Bern, NC. Kalo is also a member of the federal Bureau of Ocean Management sponsored North Carolina task force on Renewable Energy Activities in North Carolina’s offshore federal waters.
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Hornstein Files Amicus Brief Against Tennessee Valley Authority
Donald Hornstein, Aubrey L. Brooks Professor of Law, along with UNC School of Law Professors Victor Flatt and Maria Savasta-Kennedy, filed an amicus brief in April on behalf of the state of North Carolina in its case against the Tennessee Valley Authority (TVA). Hornstein, assisted by 15 UNC School of Law students and more than 100 UNC undergraduates from his course on environmental law and policy, argued in the brief that a public-nuisance lawsuit brought under North Carolina common law was not preempted by the federal Clean Air Act. Hornstein’s brief, officially authored by counsel of record Patrick A. Parenteau, professor of law at Vermont Law School, was intended to be taken to the Supreme Court of the United States as a supplement to the state’s case. In an historic settlement, North Carolina and TVA announced they would compromise without going to court, with TVA agreeing to implement changes by 2017 to transform the way it produces electricity. Solicitor General Chris Browning from the N.C. Department of Justice spoke at a luncheon held in appreciation for the work of the UNC School of Law students and faculty.
Fall 2011
Brown Serves as Chair of Real Estate Division of the American Association of Law Schools
UNC School of Law Professor and CLEAR-affiliated faculty member Carol N. Brown is the 2010 chairelect of the Real Estate Transactions Section of the Association of American Law Schools (AALS). In 2009, prior to becoming Chair of the Real Estate Section, Brown held
CLEAR Hires Post Graduate Fellow
two leadership positions within AALS, as Chair of the Property Section and as Secretary of the Real Estate Transactions Section.
Nadia L. Luhr, 2011 graduate of UNC School of Law, is currently working as a Post Graduate Fellow with CLEAR.
Brown’s scholarship at UNC School of Law examines the role of private property rights protections in stabilizing the position of economically vulnerable property owners and of those who do not own property.
As a CLEAR Fellow, Luhr engages in strategic planning and academic research, and conducts research on current trends and developments in adaptation law and policy. She is also assisting in the development of CLEAR’s Spring 2012 workshop on climate change adaptation and the private sector.
By examining judicial and legislative developments in the area of property law, her work shows how proposals for rigorous protection of private property rights are more protective of middle and lower class property owners and of non-property owners than are proposals for less rigorous private property rights protection. Brown teaches courses in property, land use planning, and real estate transactions.
While in law school, Luhr completed internships with Appalachian Voices and the Nicholas Institute for Environmental Policy Solutions. She also completed a full-time externship with the Southern Environmental Law Center. Luhr is also currently working with the Southern Environmental Law Center as a volunteer attorney.
Events CLEAR hosts numerous events related to climate change and climate change adaptation, and regularly welcomes leaders in climate change policy to speak at the law school.
Spring 2012 Workshop Adaptation and the Private Sector On March 30, 2012, CLEAR will be hosting a workshop on climate change adaptation and the private sector. The workshop will focus on the facilitation of private sector adaptation through law, regulation and policy.
Past events have featured speakers such as Rob Verchick, U.S. EPA Deputy Director of Policy, and Ambassador Klaus Scharioth, German Ambassador to the United States. Since 2008, CLEAR has also hosted two major national workshops.
The workshop will be co-sponsored by the Georgetown Climate Center, the Center for Progressive Reform, the Emmett Center at UCLA, George Washington University Law School and Vanderbilt Law School. The workshop is invitation only, but will include a lunchtime presentation that will be open to the public. The lunchtime presentation will be on the role of government in providing information to assist in private sector adaptation. More details will be available on the CLEAR website as the event approaches.
British Consulate-General Annabelle Malins speaks at UNC Law while CLEAR Director Victor Flatt and Dean Jack Boger look on.
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Fall 2011
Research and Publications CLEAR Publications
Student Papers
Financial Adaptation through Parametric Insurance Products: Utilizing the Caribbean Catastrophe Risk Insurance Facility as a Model for a Proposed United States National Catastrophe Risk Consortium (read) - Daniel E. Peterson, CLEAR Research Fellow
Every year, UNC School of Law holds an Environmental Law Symposium for North Carolina attorneys as part of the law school’s annual Festival of Legal Learning.
Non-Profit Involvement in Disaster Response and Recovery (read) - Jeffrey Stys of Strategic Decision Associates, report commissioned by CLEAR
For each symposium, members of the Environmental Law Project prepare short papers exploring current topics in environmental law.
Assessing the Disaster Recovery Planning Capacity of the State of North Carolina (read) - first part of a CLEAR/UNC Center of Excellence for Homeland Security project which addresses how states plan for long term disaster recovery and climate change adaptation
2010 topic – A New, Progressive Environmental Law: What are the Signs?
White Paper: International Avoided Deforestation Offset Projects: Insuring the Risk of Reversal Penalties (read) - Ken Allinson, Matthew Dunand, PJ Puryear and Jeremy Tarr, CLEAR Research Fellows
These papers are available on the Environmental Law Project website.
2011 topic - Environmental Law Outside the “Washington Beltway”
RECENT FACULTY PUBLICATIONS Carol N. Brown Rethinking Adverse Possession: An Essay on Ownership and Possession (with S. Williams), 60 SYRACUSE L. REV. 583 (2010). PLANNING AND CONTROL OF LAND DEVELOPMENT: CASES AND MATERIALS (with Daniel R. Mandelker, ET AL.) (8th ed.) (2011). PROPERTY QUICK REVIEW: SUM AND SUBSTANCE (with J. Juergensmeyer) (Thomson West 5th ed.).
Victor Flatt Domestic Disaster Preparedness and Response in Climate Change Adaptation (Gerrard and Kuh, eds., ABA 2012) Adapting Laws for a Changing World – A Systemic Approach to Climate Change Adaptation, 64 Fla. L. Rev. (special issue on climate change with Heinzerling, Ruhl, Markell, Krakoff, and Owens - forthcoming Winter 2012). Adaptation, Legal Resiliency, and the U.S. Army Corps of Engineers: Managing Water Supply in a Climate-Altered World, with Jeremy M. Tarr, 89 N.C. Law. Rev. (Issue 6, 2011) in symposium on Adaptation and Legal Resiliency. “Offsetting” Crisis? – Climate Change Cap and Trade Need Not Contribute to Another Financial Meltdown, 39 Pepperdine Law Rev. (forthcoming lead article, February 2012).
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Fall 2011
Flatt, continued
Joseph Kalo
The “Worst Case” May be the Best – Rethinking NEPA Law to Avoid Future Environmental Disasters, 7 J. Env & Energy L. & Pol’y Rev. (forthcoming summer 2012) in symposium on Coping with Environmental Disaster.
Do Publicly Funded Beach Nourishment Projects Deprive Oceanfront Property Owners of Private Property Rights Without Just Compensation?, LEGAL TIDES (Fall 2009). Wind Over North Carolina Waters: The State's Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects (with L. Schiavinato), 87 N.C. L. REV. 1819 (2009).
Adapting Energy and Environmental Policy for Climate Change, 11 Vermont Journal of Envt’l L. 655 (Vol. 4, Summer, 2010) in symposium on Surviving and Thriving in the Face of Climate Change (lead article).
Maria Savasta-Kennedy
Environmental Enforcement in Dire Straits-“There is No Protection for Nothing and No Data for Free,” (with Paul M. Collins, Jr.) 85 Notre Dame L. Rev. 55 (Issue 1, November 2009) (Selected by the Environmental Law Institute as one of the 4 best environmental law articles of 2009; summarized with commentary in symposium, April 15, 2011, and reprint in Environmental Law and Policy Annual Review).
Adaptation and Resiliency in Legal Systems, 89 N.C. L. REV. 1365 (2011). The Newest Hybrid, Notes Toward Standardized Certification of Carbon Offsets, 34 N.C. J. INT'L L. & COM. REG. 851 (2009).
The History of State Action in the Environmental Realm: A Presumption Against Preemption in Climate Change Law?, for Preemption in Climate Change, 2009 symposium, 1 San Diego J. Climate & Energy L. 63 (2010). Paving the Legal Path for Carbon Sequestration, 19 Duke Envtl. L. & Pol’y J. in Symposium on Environmental Advice for the New Administration (Summer 2009).
Donald Hornstein Resiliency, Adaptation, and the Upsides of Ex Post Lawmaking, 89 N.C. L. REV. 1549 (2011). The Environmental Role of Agriculture in the Era of Carbon Caps, 20 HEALTH MATRIX 145 (2010).
ONGOING RESEARCH Climate Change and North Carolina’s Inner Coast
Greenhouse Gas Offsets and Additionality Criteria
CLEAR, in conjunction with the North Carolina Coastal Resources Law, Planning and Policy Center at UNC, is examining the issues the inner coast of North Carolina will face over the next one to two decades. This research is partially funded by a grant from North Carolina SEA Grant.
CLEAR, in conjunction with the Research Triangle Institute and the Nicholas Institute at Duke University, is examining whether greenhouse gas offsets are "regulatorily eligible" to be considered and offset under additionality criteria. This project is part of a study on how offsets in a greenhouse gas regulatory system are to be certified.
The Impact of Climate Change on Resources and Society and the Legal Response to that Impact This research is being performed in conjunction with the Center for the Study of Natural Hazards and Disasters, and the Department of Homeland Security Center of Excellence - Natural Disasters, Coastal Infrastructure and Emergency Management (DIEM). In order to more fully understand the needs of areas facing climate change challenges, this project compares how different legal regimes address climate problems.
Regulation of Greenhouse Gases under the Clean Air Act
CLEAR, in conjunction with the Nicholas Institute at Duke University, is examining options for the regulation of greenhouse gases. This ongoing project examines the legal authority and potential regulatory vehicle for the U.S. EPA's regulation of greenhouse gases under the Clean Air Act.
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Fall 2011
RECENT DEVELOPMENTS IN ADAPTATION LAW AND POLICY
House Democrats Introduce Bill to Adapt Water Infrastructure to Climate Change On August 1, 2011, Rep. Lois Capps (DCalif.) introduced H.R. 2738. The bill is titled the "Water Infrastructure Resiliency and Sustainability Act of 2011," and would create a competitive grant program to be administered by the U.S. EPA. Under the proposed program, owners and operators of drinking water, stormwater and wastewater infrastructure would receive funding for projects that "increase resiliency or adaptability" of those facilities to the impacts of climate change. Projects falling within the scope of the bill include those that: conserve water or enhance water use efficiency; preserve or improve water quality; modify or relocate existing infrastructure; construct facilities to serve existing communities; enhance water management by increasing watershed preservation and protection; enhance energy efficiency or the use and generation of renewable energy in water system infrastructure; and adopt advanced technologies that maintain or improve water supply or water quality.
The bill would invest 50 million dollars each fiscal year from 2012 through 2016, and would authorize the EPA to fund up to 50 percent of each infrastructure project. Upon introducing H.R. 2738, Rep. Capps made the following statement: "As we suffer through severe droughts, more intense rainfall and flooding, and sea level rise along the coast, the nation's drinking water, wastewater and stormwater infrastructure is coming under increasing levels of stress. In the face of these costly challenges, and to help our nation's water agencies continue delivering safe and uninterrupted water services to the communities that rely upon them, we must begin planning now. That's why I've introduced the Water System Resiliency and Sustainability Act, which will help jump-start this critical local planning and create new jobs updating water infrastructure to meet the significant challenges posed by climate change." Track the bill's progress online.
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California Passes Bill on Sea Level Rise On June 1, 2011, the California State Assembly passed Assembly Bill 752, which would require trustees of certain public trust lands to prepare sea level action plans. According to the bill, "a 55-inch sea level rise, with a 100-year storm event along the California coast places approximately 480,000 people ... and nearly one hundred billion dollars ... of property at risk." The bill requires trustees whose gross public trust revenues exceed $250,000 to prepare action plans by July 1, 2013. The bill is currently in the California State Senate and was assigned to the Committee on Natural Resources and Water on June 8, 2011.
Fall 2011
UNCTAD Hosts Meeting on Adapting Global Seaports to Climate Change On September 29 and 30, 2011, the United Nations Conference on Trade and Development ("UNCTAD") hosted an "Ad Hoc Expert Meeting on Climate Change Impacts and Adaptation: A Challenge for Global Ports." The meeting was held in Geneva, Switzerland, and was open to the public and the private sector, policy makers, port industry representatives and operators, scientists, engineers and other interested parties. The purpose of the interdisciplinary meeting was to discuss strategies for adapting world seaports to the impacts of climate change. In its announcement of the upcoming meeting, UNCTAD emphasized that "[g]iven their strategic role as part of the globalized trading system, adapting ports of the world to
IPCC to Release Special Report on Adapting to Extreme Weather Events and Disasters
the impacts of climate change is of considerable importance." The goals of the meeting, as outlined by UNCTAD, were to identify vulnerabilities and risks, adaptation requirements, "existing best practices, information and data sources," issues for further study, and "partners and mechanisms for effective collaboration." The world's seaports are expected to encounter significant difficulties as they face climate change impacts such as rising sea levels, rising temperatures and extreme weather events. The meeting was preceded by related UNCTAD events on the topics of "Transport and Trade Facilitation" and "Climate Change Impacts on International Transport Networks."
House Passes Amendment to Prohibit USDA Adaptation Measures
In November 2011, the Intergovernmental Panel on Climate Change (IPCC) will release a special report titled "Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation." The report was prepared by Working Group II of the IPCC, which focuses on climate change impacts, adaptation and vulnerability. For more information, see the preparation, scoping and review process for the report.
San Francisco Bay Adopts Sea Level Rise Policy
On June 16, 2011, the U.S. House of Representatives passed an amendment to the 2012 Agriculture Appropriations Bill. The amendment, if accepted by the Senate, would prohibit the U.S. Department of Agriculture (USDA) from implementing new climate change adaptation policies.
predict, it is clear that potential changes could have important impacts on USDA’s ability to fulfill its core mission. Through adaptation planning, USDA will identify how climate change is likely to affect its ability to achieve its mission, operations, and policy and program objectives."
On October 6, 2011, the San Francisco Bay Conservation and Development Commission (BCDC) passed regulations governing development in coastal areas susceptible to sea level rise. The new policy, Bay Plan Amendment No. 1-08, amends the original San Francisco Bay Plan enacted in 1989.
The amendment specifically prohibits the USDA from using taxpayer dollars to study and implement climate change policies and initiatives. Rep. Steve Scalise, who introduced the amendment, stated that the regulation was a "backdoor attempt to implement the Administration's job-killing cap and trade scheme."
The regulation requires the development of a USDA Climate Change Adaptation Plan by June 4, 2012. Each USDA office is responsible for analyzing the impacts of climate change concerning its particular areas of responsibility, and for implementing response actions to those impacts.
The new regulations require developers to conduct risk assessments for their projects based on projected sea level rise. In addition, the BCDC will have the authority to deny permits for development in coastal areas susceptible to flooding.
The targeted USDA regulation was issued on June 3, 2011 and begins: "while the scope, severity, and pace of future climate change impacts are difficult to
The amended appropriations bill was sent to the Senate Committee on Appropriations on June 16, 2011. Current status of the 2012 Agriculture Appropriations Bill.
The regulations reference projections that "sea level rise in San Francisco Bay could be as much as 16 inches by mid-century and 55 inches by the end of the century." This projected sea level rise is depicted in a series of maps produced by the BCDC.
Recent Developments continued, page 8 7
Quarterly Newsletter
Fall 2011
World Bank Invests in Climate Change Adaptation Initiatives On June 1, 2011, the World Bank partnered with the C40 Cities Climate Leadership Group (C40) to help cities reduce greenhouse gas emissions and better adapt to climate change. C40 is a collection of representatives from 40 of the world's largest cities who have joined to address global warming and climate change.
Jordan Adopts Manual on Gender and Climate Change
According to a World Bank press release, the purpose of the partnership is to "enable megacities to expand mitigation and adaptation actions and at the same time, strengthen and protect economies, reduce poverty and protect vulnerable populations." The two organizations have agreed to establish a "consistent approach" to climate change policies across multiple cities in order to both encourage stronger partnerships between different cities and to aid potential investors in identifying climate-related investment opportunities.
On May 30, 2011, the International Union for the Conservation of Nature (IUCN) released an Arabic-language training manual on gender and climate change. The manual will be used by the Jordanian government in its climate change response efforts. The manual was originally issued in 2009 by the Global Gender and Climate Alliance, of which the IUCN is a member. It is currently available in Arabic, French, English and Spanish. According to the Jordan Times, the manual is the first Arabic-language manual to incorporate gender considerations into climate change
mitigation and adaptation strategies. In adopting the manual, Jordan recognized the particular vulnerabilities that women will face as a result of climate change. Climate-induced natural disasters adversely affect the world's poorest communities, and women comprise a disproportionate majority of those populations. In many areas, these women will lack the resources to recover from the impacts of climate change. For more information on gender considerations in climate change adaptation policy, see Victor Flatt's op-ed on Warming Woes and the World's Women.
RECENT DEVELOPMENTS IN ADAPTATION LAW AND POLICY Student Articles Clinton Launches Caribbean Adaptation Initiative By Siobhan Mukerji, UNC School of Law
Launched by President Barack Obama, the Energy and Climate Partnership of the Americas consists of green initiatives throughout the Americas. One such initiative led by Secretary of State Hillary Rodham Clinton commenced in early September of this year as part of a 21 million dollar program, which provides financial assistance to Pacific small island states. The United States government has joined up with two Pacific-based organizations, forming an alliance with the Secretariat of the Pacific Community (SPC) and the Secretariat of the Pacific Regional Environment Programme (SPREP). In the quest to promote adaptation in response to climate change, SPREP Director David Sheppard states that the
United States’ part in the union will be “a major contribution” to the promotion of climate change adaptation and that there will be a “particular emphasis on building local capacity.” (see article). The partnership’s primary goals are to protect Pacific ecosystems and to ensure food and water security in the wake of a predicted increase of high-water surges and flooding in the coming decade. Dr. Jimmie Rodgers, Director-General of the SPC explains, “Climate change will touch the lives of people living on these islands on a regular basis.” The partnership hopes to promote effective and “sustainable” policy to mitigate the effects of climate change. To further this goal, the University of the West Indies is serving as a center to
connect scientists from the United States and the Caribbean. The partnership is also working to make information about climate change impacts publicly accessible. Dr. Rodgers described the United States’ involvement in this project as “historic.” This new alliance between regional organizations and the United States will strengthen each country’s ability to better meet the challenges and mitigate the effects of climate change. The partnership’s program will be managed by the U.S. Agency for International Development, in an office in Port Moresby, Papua New Guinea. This month a Caribbean Sustainable Energy Dialogue will take place in Barbados. More information.
Fall 2011
Farm Groups Pushing for Increased Crop Protection in 2012 Farm Bill By Kathleen Aurora Smith, UNC School of Law
2011 has been a year of extreme droughts, floods, and heat waves. It was the hottest summer on record for Texas, Oklahoma, New Mexico and Louisiana. California experienced its all-time wettest summer, while eighty-one percent of Texas experienced exceptional drought. With such extreme weather it is unsurprising that farmers across the nation are lobbying to increase crop insurance protection in the 2012 farm bill. Amidst a strong push for deficit reduction, farm trade associations are willing to accept decreases in volume and price subsidies in exchange for a better crop insurance safety net. Yet, none of these trade associations are connecting their requests for increased insurance protection, or the recent
extreme weather events, with climate change. Rather, some suggest that increased commodity prices have made price support less necessary, while the increase in prices of fuel and land means better insurance is necessary. Some critics suggest that farm trade associations are simply refusing to acknowledge the connection between extreme weather and climate change. Regardless of the motivation, changes to crop insurance in 2012 may prove to be proactive, as well as, reactive. Another side of the 2012 farm bill discussion is the push for promotion of sustainable farming methods, and one issue that is being addressed is the structure of crop insurance itself. Crop insurance is traditionally based on commodity prices. A farmer does not have his whole farm
insured, rather she has each individual crop insured at the market price. This has been a major issue for small growers, organic producers, and direct marketers who grow a diversity of crops and receive a higher than market prices for their crops. House Agriculture Committee Chairman Collin Peterson (D-MN) suggested the possibility of a shift in crop insurance policy in order to cover the whole farm. If this were to happen it would not only help growers who are already have diversified farms; it may encourage crop diversification on commodity farms and bolster local food economies. For more on this topic, see related articles in the New York Times and the Huffington Post.
United Nations Creates Green Climate Fund to Assist Developing Countries By Ramona H. Baker, UNC School of Law
Work on the Green Climate Fund was launched at a Conference of the Parties of the United Nations Framework Convention on Climate Change (“UNFCCC”), in Cancún in December 2010 (UNFCCC Website). According to the UN News Centre, the goal of the Green Climate Fund is to help assist developing countries in climate change adaptation and mitigation efforts, ideally so as to enable such countries to implement low-carbon economies. Some basic infrastructural details accompanied the UNFCC’s establishment of the Green Climate Fund, but most operational details are being determined by a Transitional Committee (UNFCCC COP Report, March 2011). A board of twenty-four regionally diverse members, equally represented by developed countries and developing countries, will direct the Green Climate Fund once it is
fully operational. Id. Monetary management will be administered by an independent trustee according to guidelines that will be set forth by the board; the World Bank was invited to be the initial trustee for a trial three year term. Id. The Transitional Committee established by the UNFCCC is comprised of fifteen developed-country members and twentyfive developing-country members who are tasked with ascertaining the underpinnings of the Green Climate Fund. Id. The Transitional Committee has met three times since its inception, with the most recent meeting taking place in Geneva, Switzerland in September (UNFCCC Transitional Meeting Calendar). The two previous meetings were held in Mexico City, Mexico, in
April and in Tokyo, Japan, in July. Id. Christiana Figueres, UNFCCC Executive Secretary, reported substantial progress after the recent September meeting, noting that design of the fund should be finished and ready for approval at the UNFCCC Conference of the Parties meeting beginning November 28 in Durban, South Africa (UN News Centre). Prior to the Durban conference, the Transitional Committee will meet a final time October 16 through October 18 in Cape Town, South Africa. Id. The Green Climate Fund has garnered support from public and private sources, with pledges totaling thirty billion USD by next year and one-hundred billion USD annually by 2020; however, the current economic crisis casts doubt as to whether the pledges will come through (Business Day, September 15, 2011).
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