04.06.2018

# New Publications

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Hester, Tracy; Gerrard, Michael B. (2018): Going Negative. The Next Horizon in Climate Engineering Law

Hester, Tracy; Gerrard, Michael B. (2018): Going Negative. The Next Horizon in Climate Engineering Law. In Natural Resources & Environment 32 (4), pp. 3–7.

"Specifically, negative emissions technologies would directly remove greenhouse gases (GHGs) from the ambient air and help to remove accumulated atmospheric carbon dioxide (CO2) caused by historical emissions. After over a decade of debate, substantive research and planning associated with negative emissions technologies and solar radiation management have begun to inch forward. But this movement is happening in unexpected ways, and some of the most important decisions and commitments are occurring outside of the spotlight. "

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01.06.2018

# New Publications

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Brent, Kerryn; et al. (2018): International law poses problems for negative emissions research

Brent, Kerryn; McGee, Jeffrey; McDonald, Jan; Rohling, Eelco J. (2018): International law poses problems for negative emissions research. In Nature Climate change 8 (6), pp. 451–453. DOI: 10.1038/s41558-018-0181-2.

"New international governance arrangements that manage environmental risk and potential conflicts of interests are needed to facilitate negative emissions research that is essential to achieving the large-scale CO2 removal implied by the Paris Agreement targets."

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14.05.2018

# New Publications

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Jones, Natalie (2018): Safeguarding Against Environmental Injustice. 1.5°C Scenarios, Negative Emissions, and Unintended Consequences

Jones, Natalie (2018): Safeguarding Against Environmental Injustice. 1.5°C Scenarios, Negative Emissions, and Unintended Consequences. In Carbon & Climate Law Review 12 (1), pp. 23–30. DOI: 10.21552/cclr/2018/1/6.

"Scenarios for limiting warming below 1.5°C require both drastic emissions reductions measures and the large-scale deployment of negative emissions technologies. Both of these measures carry the potential for major unintended consequences, particularly as we do not yet understand the full implications of negative emissions technologies. Historically, the unintended consequences of climate mitigation efforts have disproportionately been borne by already marginalised communities, and hence there is a potential for the unintended consequences of measures taken to limit warming below 1.5°C to result in environmental injustice. This article argues that environmental and climate justice concerns need to be accounted for in the design of policy measures for keeping warming below 1.5°C, and outlines policy guidance for safeguarding against unintended consequences."

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03.04.2018

# New Publications

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Carlin, Norman; James, Robert A. (2018): Geoengineering Research Under U.S. Law

Carlin, Norman; James, Robert A. (2018): Geoengineering Research Under U.S. Law. In Pratt's Energy Law Report 18 (3), pp. 67–75.

"The authors first divide the techniques under consideration between solar radiation management (aerosols in the stratosphere, or greater white surfaces below) and carbon dioxide removal (ocean iron fertilization (OIF) and other forms of carbon capture and sequestration). They detail the analysis required for an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and a variety of other U.S. statutes and common-law doctrines. "

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30.03.2018

# New Publications

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Gerrard, Michael B.; Hester, Tracy (Eds.) (2018): Climate Engineering and the Law

Gerrard, Michael B.; Hester, Tracy (Eds.) (2018): Climate Engineering and the Law. Cambridge University Press.

"This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally."

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21.03.2018

# Media

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Phys.org: We need laws on geoengineering, ASAP

"A new book coming out April 21 points out the major holes in national and international geoengineering regulation, and lays out a framework for improvement. The book, titled Climate Engineering and the Law, was co-edited by Michael Gerrard from Columbia's Sabin Center for Climate Change Law and Tracy Hester, a graduate of Columbia Law School who now teaches at the University of Houston Law Center. Gerrard is also chair of the faculty of the Earth Institute."

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09.03.2018

# Media

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Advanced Science News: Intellectual Property Policies for Solar Geoengineering

"Currently, there appears to be a high degree of data sharing and relatively little commercial activity or IP acquisition in the largely academic solar geoengineering research community. This situation presents a ripe opportunity to develop innovative IP policy approaches specific to solar geoengineering."

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09.03.2018

# New Publications

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Reynolds, Jesse L.; et al. (2018): Intellectual property policies for solar geoengineering

Reynolds, Jesse L.; Contreras, Jorge L.; Sarnoff, Joshua D. (2018): Intellectual property policies for solar geoengineering. In WIREs Clim Change 9 (2), e512. DOI: 10.1002/wcc.512.

"We consider some possible approaches, and recommend a bottom-up, primarily nonstate, voluntary “research commons” for patents and data that are related to solar geoengineering. This would facilitate information sharing and limit data fragmentation and trade secrecy. It would also provide an incentive for commons members to pledge to limit some forms of intellectual property acquisition and to assure access on reasonable terms, thereby limiting the need for enforcement. This should help reduce downstream barriers to innovation and to encourage the potential development of technologies at reasonable cost. Such a research commons might also catalyze the adoption of best practices in research and development."

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11.12.2017

# New Publications

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Jinnah, Sikina; Bushey, Douglas (2017): Bringing Politics into SAI

Jinnah, Sikina; Bushey, Douglas (2017): Bringing Politics into SAI. In Ethics int. aff. 31 (04), pp. 501–506. DOI: 10.1017/S089267941700048X.

"In order to advance a neatly deductive argument, Christopher J. Preston must make a number of assumptions and framing decisions that exclude important practical points from the scope of his analysis. We do not criticize him for doing so, as these simplifications allow him to advance a concise argument about an ethically complex subject. However, as scholars of politics and law, we are interested in what this ethical argument means—and does not mean—for the messy politics of climate engineering."

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12.11.2017

# New Publications

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McGee, Jeffrey; et al. (2017): Geoengineering the oceans. An emerging frontier in international climate change governance

McGee, Jeffrey; Brent, Kerryn; Burns, Wil (2017): Geoengineering the oceans. An emerging frontier in international climate change governance. In Australian Journal of Maritime & Ocean Affairs 8 (2), pp. 1–14. DOI: 10.1080/18366503.2017.1400899.

"The world's oceans could play an important role in meeting international climate change targets. ‘Marine geoengineering’ is being proposed to enhance the oceans capacity to sequester emissions and enhance the Earth's albedo. This article draws on discussions at a recent Marine Geoengineering Symposium held at the University of Tasmania to highlight prominent marine geoengineering proposals and raise questions about the readiness of the international law system to govern further research and implementation of these ideas."

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