A Climate Change Lens on the Dormant Commerce Clause

This Note analyzes recent litigation concerning the constitutionality of state renewable portfolio standards (RPSs) and similar environmental legislation designed to promote clean energy. It begins with a discussion of the current state of both federal and state responses to climate change. From there, it analyzes several legal challenges to state RPSs and other climate-related laws that focus on potential violations of the dormant Commerce Clause. It concludes with a brief exploration of how these cases fit the history and purpose of the dormant Commerce Clause. The Note argues that a narrow view of the doctrine is consistent with the purpose of the dormant Commerce Clause, will reaffirm principles of federalism, will enable state innovation in the renewable energy field, and will make a positive contribution to efforts to mitigate climate change. By structuring statutes so as to draw a court’s attention to the ways in which their legislation fits within the purpose of the dormant Commerce Clause, states can give themselves more space to take aggressive action to promote clean energy and reduce the impacts of climate change.

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Averting robo-bees: why free-flying robotic bees are a bad idea

Emerging Topics in Life Sciences ◽

10.1042/etls20190063 ◽

2019 ◽

Vol 3 (6) ◽

pp. 723-729

Author(s):

Roslyn Gleadow ◽

Jim Hanan ◽

Alan Dorin

Keyword(s):

Climate Change ◽

Computer Simulation ◽

Food Security ◽

European Countries ◽

Plant Interactions ◽

Plant Insect Interactions ◽

Native Habitat ◽

Insect Pollinators ◽

Insect Interactions

Food security and the sustainability of native ecosystems depends on plant-insect interactions in countless ways. Recently reported rapid and immense declines in insect numbers due to climate change, the use of pesticides and herbicides, the introduction of agricultural monocultures, and the destruction of insect native habitat, are all potential contributors to this grave situation. Some researchers are working towards a future where natural insect pollinators might be replaced with free-flying robotic bees, an ecologically problematic proposal. We argue instead that creating environments that are friendly to bees and exploring the use of other species for pollination and bio-control, particularly in non-European countries, are more ecologically sound approaches. The computer simulation of insect-plant interactions is a far more measured application of technology that may assist in managing, or averting, ‘Insect Armageddon' from both practical and ethical viewpoints.

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Modelling ecosystem adaptation and dangerous rates of global warming

Emerging Topics in Life Sciences ◽

10.1042/etls20180113 ◽

2019 ◽

Vol 3 (2) ◽

pp. 221-231 ◽

Cited By ~ 4

Author(s):

Rebecca Millington ◽

Peter M. Cox ◽

Jonathan R. Moore ◽

Gabriel Yvon-Durocher

Keyword(s):

Climate Change ◽

Global Warming ◽

Diffusion Rate ◽

Individual Species ◽

Genetic Evolution ◽

Rates Of Change ◽

Rapid Climate Change ◽

Warming Climate ◽

Intraspecies Competition ◽

High Trait

Abstract We are in a period of relatively rapid climate change. This poses challenges for individual species and threatens the ecosystem services that humanity relies upon. Temperature is a key stressor. In a warming climate, individual organisms may be able to shift their thermal optima through phenotypic plasticity. However, such plasticity is unlikely to be sufficient over the coming centuries. Resilience to warming will also depend on how fast the distribution of traits that define a species can adapt through other methods, in particular through redistribution of the abundance of variants within the population and through genetic evolution. In this paper, we use a simple theoretical ‘trait diffusion’ model to explore how the resilience of a given species to climate change depends on the initial trait diversity (biodiversity), the trait diffusion rate (mutation rate), and the lifetime of the organism. We estimate theoretical dangerous rates of continuous global warming that would exceed the ability of a species to adapt through trait diffusion, and therefore lead to a collapse in the overall productivity of the species. As the rate of adaptation through intraspecies competition and genetic evolution decreases with species lifetime, we find critical rates of change that also depend fundamentally on lifetime. Dangerous rates of warming vary from 1°C per lifetime (at low trait diffusion rate) to 8°C per lifetime (at high trait diffusion rate). We conclude that rapid climate change is liable to favour short-lived organisms (e.g. microbes) rather than longer-lived organisms (e.g. trees).

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