Footnotes

* J.D. Candidate with Certificate in Environmental Law, Science, & Policy, University of Arizona James E. Rogers College of Law, 2012. A two‑year member of the staff at the Arizona Journal of Environmental Law & Policy, Wagner has been an Associate Editor, Articles Manager, Managing Editor, and Senior Managing Editor at the Journal. She thanks her family, her Journal colleagues, and University of Arizona Professor Kirsten Engel for all their efforts in bringing this Article to publication.

[1]. H.R. 2454 (111th): American Clean Energy and Security Act of 2009, GovTrack.us, http://www.govtrack.us/congress/bill.xpd?bill=h111-2454 (last visited Feb. 22, 2012); Times Topics: Cap and Trade, N.Y. Times (Mar. 26, 2010), http://topics.nytimes.com/topics/reference/timestopics/ subjects/g/greenhouse_gas_emissions/cap_and_trade/index.html.

[2]. See discussion infra Part II.

[3]. Tucson International Airport Area, U.S. Envtl. Protection Agency, http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/vwsoalphabetic/Tucson+International+Airport+Area?OpenDocument (last visited Feb. 22, 2012); Pacific Southwest, Region 9, U.S. Envtl. Protection Agency, http://www.epa.gov/region9/superfund (last visited Feb. 22, 2012). The Pacific Southwest Region serves Arizona, California, Hawaii, Nevada, Pacific Islands, and Tribal Nations. TIAA is one of sixteen Superfund sites on the EPA’s National Priorities List. Site Overviews by State and County, U.S. Envtl. Protection Agency, http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/WSOState !OpenView (last visited Feb. 22, 2012).

[4]. Description and History, U.S. Envtl. Protection Agency, http://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/vwsoalphabetic/Tucson+International+Airport+Area?OpenDocument (last visited Feb. 22, 2012).

[5]. Blake Morlock, Last TCE Settlement Going to Plaintiffs, Tucson Citizen, June 9, 2006, http://tucsoncitizen.com/morgue/2006/06/09/15334-last-tce-settlement-going-to-plaintiffs.

[6]. What is TCE?, U. Ariz. Dean Carter Binational Center for Envtl. Health Scis. & Superfund Res. Program (SRP), http://superfund.pharmacy.arizona.edu/sites/ superfund.pharmacy.arizona.edu/files/default_files/Information_Sheets/TCE/What_is_TCE.pdf (last visited Apr. 3, 2012).

[7]. Morlock, supra note 5.

[8]. Id.

[9]. Id. Morlock wrote about Rose Augustine, a neighborhood activist who said: “A mother came up to me once and said, ‘I’ve had five children, and three died in my arms.’” Id.

[10]. Id.

[11]. Id.

[12]. Id.

[13]. See Alice Kaswan, Environmental Justice: Bridging the Gap Between Environmental Laws and “Justice”, 47 Am. U. L. Rev. 221, 226 (1997).

[14]. These events were among the most well-known environmental calamities of the era. The Three Mile Island disaster was a meltdown at the Three Mile Island Nuclear Generating Station in Pennsylvania in 1979, which resulted in the release of 13 million curies of radioactive noble gases. Stephanie Rogers, America’s Top 10 Worst Man Made Environmental Disasters, Earth First, http://earthfirst.com/americas-top-10-worst-man-made-environmental-disasters (last visited Mar. 16, 2012). During the 1970s, the Love Canal Homeowners Association near Niagara Falls, N.Y., discovered that Hooker Chemical had dumped toxic chemicals in a dump that later became the site of a school and homes. Id. The Woburn, Massachusetts, case examined in the book and film, “A Civil Action,” stemmed from dumped chemicals that made their way into drinking-water supplies, causing health problems including high leukemia rates in area children during the 1970s. Complaint Filed on Toxic Pollution in Woburn, May 14, 1982, Mass Moments, http://massmoments.org/ moment.cfm?mid=143 (last visited Mar. 16, 2012).

[15]. Environmental Justice: Factors and Influences, Va. Nat. Resources Leadership Inst., 1 (Aug. 2010), http://www.virginia.edu/ien/vnrli/docs/briefs/EnvInjustice2011.pdf.

[16]. Id.

[17]. Id.

[18]. Id.

[19]. Id.

[20]. Principles of Environmental Justice, EJnet.org, http://www.ejnet.org/ej/principles.html (last visited Feb. 22, 2012).

[21]. Id.

[22]. Id.

[23]. Id.

[24]. Environmental Justice: Factors and Influences, supra note 15, at 1.

[25]. Environmental Justice: Basic Information, U.S. Envtl. Protection Agency, http://www.epa.gov/environmentaljustice/basics/index.html (last visited Feb. 22, 2012).

[26]. Environmental Justice, U.S. Envtl. Protection Agency, http://www.epa.gov/ environmentaljustice/index.html (last visited Feb. 22, 2012).

[27]. Exec. Order No. 12898, 59 Fed. Reg. 7629 (Feb. 11, 1994).

[28]. Environmental Justice: Factors and Influences, supra note 15, at 3.

[29]. Id.

[30]. Id.

[31]. Id.

[32]. Richard B. Alley et al., Summary for Policymakers, in Intergovernmental Panel on Climate Change, Climate Change 2007: The Physical Science Basis 2 (Susan Solomon et al. eds., 2007), available at http://www.ipcc.ch/pdf/assessment-report/ar4/wg1/ar4-wg1-spm.pdf (last visited Feb. 22, 2012).

[33]. Id.

[34]. Maxine Burkett, Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism, 56 Buff. L. Rev. 169, 173 n.3 (2008).

[35]. Id.

[36]. Id. at 173-74.

[37]. Id. at 177.

[38]. See Climate Change – Health and Environmental Effects, U.S. Envtl. Protection Agency, http://www.epa.gov/climatechange/effects/coastal/index.html (last visited Apr. 4, 2012).

[39]. At the time of the publication of the Buffalo Law Review article, Professor Burkett was an associate professor at the University of Colorado Law School. Burkett, supra note 34, at 169 n.1. She has since moved to the University of Hawaii, where she serves as the inaugural Director of the Center for Island Climate Adaptation and Policy (ICAP), at the University of Hawaii Sea Grant College Program. Maxine Burkett, University of Hawaii at Manoa William S. Richardson School of Law, http://www.law.hawaii.edu/personnel/burkett/maxine (last visited Feb. 22, 2012).

[40]. Burkett, supra note 34, at 172-73.

[41]. Id. at 170-71.

[42]. Clean Development Mechanism (CDM), U.N. Framework Convention on Climate Change, http://unfccc.int/kyoto_protocol/mechanisms/clean_development_mechanism/items/ 2718.php (last visited Feb. 22, 2012).

[43]. Id.

[44]. This international treaty, under the umbrella of the U.N., has bound its member countries to respond to global warming since its entry into force in 1994. Essential Background, U.N. Framework Convention on Climate Change, http://unfccc.int/essential_background/ items/2877.php (last visited Feb. 22, 2012).

[45]. Governance, U.N. Framework Convention on Climate Change, http://cdm.unfccc.int/EB/governance.html (last visited Feb. 22, 2012).

[46]. About CDM, U.N. Framework Convention on Climate Change, http://cdm.unfccc.int/about/index.html (last visited Feb. 22, 2012).

[47]. Id.

[48]. Burkett, supra note 34, at 200-04.

[49]. Id. at 215.

[50]. Id. at 203.

[51]. Id. at 209.

[52]. Id. at 225-26.

[53]. Id. at 240.

[54]. Id. at 229 (citing Winona LaDuke, Local Energy, Local Power, Yes! Mag., Winter 2007, at 26). Native communities are already peering toward the potential of wind development on Indian lands, and maintaining local control of such ventures in the future. LaDuke, a Native American activist and environmental justice advocate, writes:

The reality is that this region of North America has more wind power potential than almost anywhere in the world. Twenty-three Indian tribes have more than 300 gigawatts of wind generating potential. That’s equal to over half of present U.S. installed electrical capacity. Those tribes live in some of the poorest counties in the country.

Id. (citing LaDuke, at 26).

[55]. Id. at 222.

[56]. Id. at 240-41.

[57]. Id. at 243.

[58]. Id. at 178.

[59]. Id. at 178-79.

[60]. Id. at 185-86.

[61]. Ryan Lizza, As the World Burns: How the Senate and the White House Missed Their Best Chance to Deal with Climate Change, New Yorker, Oct. 11, 2010, at 70, available at http://www.newyorker.com/reporting/2010/10/11/101011fa_fact_lizza.

[62]. Climate Change and Human Health, World Health Org., http://www.who.int/ globalchange/summary/en/index13.html (last visited Feb. 22, 2012).

[63]. Organization, Intergovernmental Panel on Climate Change, http://www.ipcc.ch/organization/organization.shtml (last visited Feb. 22, 2012).

[64]. Intergovernmental Panel on Climate Change, Renewable Energy Sources and Climate Change Mitigation (SRREN): Special Report of the Intergovernmental Panel on Climate Change (Ottmar Edenhofer et al. eds., 2012), available at http://srren.ipcc-http://srren.ipcc-wg3.de/report; Intergovernmental Panel on Climate Change, Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX): Special Report of the Intergovernmental Panel on Climate Change (Christopher B. Field et al. eds., 2012), available at http://ipcc-wg2.gov/SREX/report/full-report/.

[65]. W. Neil Adger et al., Assessment of Adaptation Practices, Options, Constraints and Capacity, in Intergovernmental Panel on Climate Change, Climate Change 2007: Impacts, Adaptation and Vulnerability 717, 720 (M.L. Perry et al. eds., 2007), available at http://www.ipcc.ch/pdf/assessment-report/ar4/wg2/ar4-wg2-chapter17.pdf (last visited Feb. 22, 2012).

[66]. Id.

[67]. See Climate Fund Info, http://www.climatefund.info/climate_fund_info (last visited Feb. 22, 2012).

[68]. Press Release, The World Bank, Finance for Climate Action Reaching People Who Need It (Dec. 8, 2010), available at http://web.worldbank.org/ WBSITE/EXTERNAL /NEWS/0,,contentMDK:22785944~menuPK:34463~pagePK:34370~piPK:34424~theSitePK:4607,00.html.

[69]. Id.

[70]. See Climate Fund Info, supra note 67. The Climate Fund Info site, a clearinghouse site directing users to more detailed information about climate funding, lists six key sources of international funding, including the World Bank. The others, listed in order of financial impact, are: the Global Environmental Facility (http://www.gefweb.org); The Adaptation Fund (http://www.adaptation-fund.org); The Clean Development Mechanism (http://cdm.unfccc.int/index.html); Clean Energy for Development Investment Framework (http://go.worldbank.org/7W3DZHKNF0); and Carbon Finance (http://carbonfinance.org). Id.

[71]. See Press Release, The World Bank, supra note 68.

[72]. Id.

[73]. Id.

[74]. Climate Fund Info, supra note 67.

[75]. See David M. Driesen, Robert W. Adler & Kirsten H. Engel, Environmental Law: A Conceptual and Pragmatic Approach 27 (2011).

[76]. Id. (quoting U.S. Global Change Research Program, Global Climate Change Impacts in the United States (2009)).

[77]. See Funded Projects, Climate Funds Update, http://www.climatefundsupdate .org/projects (last visited Feb. 22, 2012).

[78]. Regional Greenhouse Gas Initiative, http://www.rggi.org/home (last visited Feb. 22, 2012). The site describes RGGI Inc. as “a nonprofit corporation created to provide technical and administrative services to the Regional Greenhouse Gas Initiative CO2 budget trading programs of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont.”

[79]. See CO2 Offsets, Regional Greenhouse Gas Initiative, http://www.rggi.org/ market/offsets (last visited Feb. 22, 2012).

[80]. Id.

[81]. Id.

[82]. Id.

[83]. Fact Sheet: RGGI Offsets, Regional Greenhouse Gas Initiative, 1, http://www.rggi.org/docs/RGGI_Offsets_in_Brief.pdf (last visited Feb. 22, 2012).

[84]. CO2 Offsets, supra note 79.

[85]. RGGI Benefits, Regional Greenhouse Gas Initiative, http://www.rggi.org/ rggi_benefits (last visited Mar. 27, 2012).

[86]. Id. According to the report, the consumer benefit projects approved under RGGI go to four major areas: “52 percent to improve energy efficiency; 11 percent to accelerate the deployment of renewable energy technologies; 14 percent to provide energy bill payment assistance, including assistance to low-income ratepayers; 1 percent for a wide variety of greenhouse gas reduction programs, including programs to promote the development of carbon emission abatement technologies, efforts to reduce vehicle miles traveled, and programs to increase carbon sequestration.” Id.

[87]. See Assistance for Low and Moderate Income Households, N.Y. St. Energy Resource & Dev. Authority, http://www.nyserda.ny.gov/en/Page-Sections/Residential/Programs/Low-Income-Assistance.aspx (last visited Apr. 4, 2012). New York State Energy and Research Development Authority (NYSERDA) is a state agency that uses RGGI funds in its program development. Id. See also Evaluation of RGGI Funds, N.Y. St. Energy Resource & Dev. Authority, http://www.nyserda.ny.gov/Page-Sections/Energy-and-Environmental-Markets/Regional-Greenhouse-Gas-Initiative/Evaluation-of-RGGI-Funds.aspx (last visited Apr. 4, 2012).

[88]. Id.

[89]. Fact Sheet: RGGI Offsets, supra note 83, at 1.

[90]. Id. These three major GHGs account for 99% of the climate-change-causing GHGs, with CO2 by far the most significant culprit, amounting to 72% of the GHG total. See CO2 – The Major Cause of Global Warming, Time for Change, http://timeforchange.org/CO2-cause-of-global-warming (last visited May 12, 2011).

[91]. Paul Restuccia, Training Key to Green Jobs, Bos. Herald, Apr. 11, 2011, at 2-6.

[92]. Id.

[93]. Press Release, Crotched Mountain, Crotched Mountain Rehabilitation Center Reduces Its Carbon Footprint with Help from NH Sustainable Energy Program: 25,000 Gallons of Oil Saved Each Year (Nov. 20, 2009), available at http://www.crotchedmountain. org/crotchedmountain/html/NewsArticles_202.htm; 2009 Success Stories, Regional Greenhouse Gas Initiative, http://www.rggi.org/rggi_benefits/success_stories/2009-Success-Stories (last visited Apr. 4, 2012). For more examples of successful RGGI-funded mitigation programs with an adaptation component, see In the News: Good Shepard CFL Program, Efficiency Me., http://www.efficiencymaine.com/news/post/good-shephard-cfl-program (last visited Apr. 4, 2012); MEA Provides Energy Upgrades for Residents of Prince George’s County, Md. Energy Admin., http://energy.maryland.gov/News/press/ucap.html (last visited Apr. 4, 2012); and others highlighted at 2012 Success Stories, Regional Greenhouse Gas Initiative, http://www.rggi.org/ rggi_benefits/success_stories (last visited Apr. 4, 2012).

[94]. Principles of Environmental Justice, supra note 20.

[95]. See Heat Island Effect, U.S. Envtl. Protection Agency, http://www.epa.gov/ heatisld/mitigation/trees.htm (last visited May 20, 2011).

[96]. See supra, Part III.B.

[97]. The offset cap may be raised to “5% and 10%, if CO2 allowance prices reach thresholds of $7 and $10 per allowance, respectively.” Fact Sheet: RGGI Offsets, supra note 83, at 1.

[98]. MassCEC Announces “Pathways Out of Poverty” Green Collar Job Training Grants, Mass. Clean Energy Center, http://www.masscec.com/index.cfm/cdid/12146/pid/11150 (last visited June 1, 2011).

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