Stephen L Kass

May 01, 2015 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass writes: On March 25, 2015, WikiLeaks released the confidential draft "Investor Protection" chapter of the Trans-Pacific Partnership trade agreement, which could chill effective environmental regulation because of the threat of expropriation and other damage claims by affected "investors" from other TPP Parties.

By Stephen L. Kass

11 minute read

April 30, 2015 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass writes: On March 25, 2015, WikiLeaks released the confidential draft "Investor Protection" chapter of the Trans-Pacific Partnership trade agreement, which could chill effective environmental regulation because of the threat of expropriation and other damage claims by affected "investors" from other TPP Parties.

By Stephen L. Kass

11 minute read

January 08, 2015 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass writes that the tension between economists, investors and manufacturers favoring the elimination of most constraints on international trade and environmentalists (and labor advocates) fearful of a "race to the bottom" by countries competing for new factories has once again taken center stage in a struggle that is threatening to derail the proposed Trans-Pacific Partnership agreement.

By Stephen L. Kass

14 minute read

January 07, 2015 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass writes that the tension between economists, investors and manufacturers favoring the elimination of most constraints on international trade and environmentalists (and labor advocates) fearful of a "race to the bottom" by countries competing for new factories has once again taken center stage in a struggle that is threatening to derail the proposed Trans-Pacific Partnership agreement.

By Stephen L. Kass

14 minute read

September 16, 2014 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass suggests a number of approaches that the president might pursue if he is serious about finally addressing climate change while it is still possible for him to do so.

By Stephen L. Kass

12 minute read

May 02, 2014 | New York Law Journal

In his International Environmental Law column, Carter Ledyard & Milburn partner Stephen L. Kass writes: While there are responsible lawyers who can surely point to the importance of competent counsel on all sides of important legal and policy debates, it is time for our profession to ask what our proper role is when the future of our society is threatened within the lifetimes of our children by continued "business as usual" with respect to climate.

By Stephen L. Kass

14 minute read

January 02, 2014 | New York Law Journal

In his International Environmental Law column, Carter Ledyard & Milburn partner Stephen L. Kass discusses the current fracking debate in Europe and several Asian, African and Latin American countries, including the extent to which the resolution of concerns about fracking's environmental impacts in the United States may affect policy decisions abroad.

By Stephen L. Kass

21 minute read

December 31, 2012 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass, a partner at Carter Ledyard & Milburn, writes: Unfortunately, the records of the International Court of Justice and the Inter-American Commission on Human Rights in seeking to enforce international environmental obligations through negotiations or recommendations indicate that a more effective remedy is required if the international community is to succeed in limiting and adapting to climate change and protecting the already scarce environmental resources on which human life and civilization depend.

By Stephen L. Kass

14 minute read

September 18, 2013 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass discusses both the Keystone XL pipeline extension, and Japan's plan to restart the damaged Fukushima Daiichi nuclear plant, suggesting that, together, Keystone and Fukushima present important lessons in balancing climate change impacts against other environmental and public policy goals.

By Stephen L. Kass

11 minute read

April 30, 2012 | New York Law Journal

In his International Environmental Law column, Stephen L. Kass, a partner at Carter Ledyard & Milburn, asks: To what extent are multinational corporations bound by international standards of conduct relating to the environment? If a corporation violates international standards, who is entitled to enforce them and in which courts? If U.S. federal (or state) courts are asked to adjudicate claims of environmental injury arising from corporate conduct abroad that violates international norms, how should those courts respond?

By Stephen L. Kass

12 minute read