Editors' Note

AuthorNicole Waxman - Elizabeth Platt
2Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (SDLP)
strives to address and analyze cutting-edge legal issues devel-
oping within the elds of environmental law and sustainable
development. For the last nineteen years, SDLP has examined
the gap between public law and private sector solutions as well
as society’s needs.
Good governance requires a balance of transparency,
effective collaboration, and proper implementation of policies.
As the world becomes increasingly connected, the need for
effective governance on the local, national, and international
level increases as well. Within the realm of environmental
protection, efcient governance at all levels can have a valu-
able impact on natural resources and wildlife. Yet, when the
governing bodies lack transparency and openness, meaningful
collaboration, or proper and lawful implementation of policies,
the effect can have a shocking blow to natural resources around
the world. Nevertheless, the public holds a powerful backstop
power to prevent such detriment.
This issue examines that powerful force and the creative
solutions employed throughout the world. On a national
level, Congress wields a formidable authority over executive
revocation of national monuments and public lands held for
preservation. Further, Congress’s spending power allows for
incentivization of investment into benecial environmental
measures, including Carbon Capture technologies. The issue
further highlights the inuence of state power in cooperative
federalism laws, such as the Federal Power Act. On an inter-
national level, the issue highlights the role of transparency in
development projects funded by international organizations as
well as the strength of international treaties.
Similarly, the public brandishes the strength of public com-
ment to ensure effective collaboration with executive agencies.
When that collaboration falters, the Administrative Procedures
Act and the Endangered Species Act provide recourse to steer
the agency back to informed policymaking. Judicial review of
administrative procedures ensure that the agency implements
the true intent of Congress, including the commitment to broad
habitat and wildlife protection. Together, creative solutions,
including those explored in this issue, ensure good governance
complete with fair processes, dissemination of information,
and benets for all.
eDitoRS’ note
14 | can the expanSion of 45Q effectively SpuR
inveStment in caRbon captuRe?
by Shannon Zaret
16 | Jam v. ifc: one Step foRwaRD, two StepS
by Nicholas Johnson
17 | feRc RulinG unDeRmineS eneRGy feDeRaliSm
anD aRbitRaRily taRGetS miD-atlantic ReGion
by Philip Killeen
24 | continuinG a bRoaD application of
Section 9 of the eSa to pRevent futuRe
maSS extinctionS
by Alicia Martinez
26 | how SyRiaS failuRe to upholD the kyoto
pRotocol anD paRiSaGReement exaceRbateD
the effectS of climate chanGe in the levant
by Nivea A. Ohri
To subscribe to the Sustainable Development Law & Policy Brief, email our Managing Editor at sdlp.wcl@gmail.com
On behalf of the Sustainable Development Law & Policy
Brief, we would like to thank the contributing authors for their
time and insight that make this publication possible. We would
also like to thank our staff and editorial board for their hard
work and dedication to SDLP. Additionally, we would like to
thank our faculty advisors, without whom we would not have
the opportunity to share our views on the future of environ-
mental law through SDLP. Lastly, we would like to thank our
readers for their continued interest and support over the last
nineteen years.
Nicole Waxman Elizabeth Platt
Editor-in-Chief Editor-in-Chief

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