Dear Tracy--

I look forward to reading the article. My first thought is that it would
certainly be nice if all US environmental laws also applied to the decision
not to take dramatic action to limit greenhouse-induced climate change
through mitigation. Massachusetts vs. EPA is a start (as are a couple of
other lawsuit victories) as it has prompted the EPA Endangerment Finding
(see http://www.epa.gov/climatechange/endangerment.html), and the lawsuit
against the Am-Ex Bank and the Overseas Private Investment Corporation did
lead to a requirement for NEPA, but it is interesting that it might require
much more legal consideration for taking action to keep the climate near to
what it is than to decide not to take and let the climate keep changing
without control. Indeed, starting to try to make sense of all this sounds
appropriate.

Mike MacCracken

On 2/7/11 4:48 PM, "Tracy" <thester0...@gmail.com> wrote:

> I've lurked in this group for quite a while, but I'm now stepping into
> the light to provide a working paper for your consideration.
> 
> While this group has usually focused on technical and policy issues,
> you might have an interest in some of the potential legal battles that
> could affect climate engineering projects.  This working paper
> discusses how existing U.S. environmental laws can be used to
> challenge geoengineering research or field tests.  U.S. environmental
> laws have often served as the first line of legal resistance to new
> technologies (GMOs, nanomaterials), so it struck me as a likely
> scenario for geoengineering as well.
> 
> You can access the working paper at tinyurl.com/6e7ejtf .  I'd welcome
> any comments or suggestions.  Thanks!
> 
> 
> **********
> Tracy Hester
> Director, Environment, Energy & Natural Resource Center
> Assistant Professor
> University of Houston Law Center
> 100 Law Center
> Houston, Texas   77204
> 713-743-1152 (office)
> tdhes...@central.uh.edu
> web bio:  www.law.uh.edu/faculty/thester


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