I. Introduction

In his article, Basic Compensation for Victims of Climate Change, Prof. Daniel A. Farber makes a valuable contribution to the subject of global climate change by proposing ways in which certain types of injuries could be included in a workable compensation scheme. Adopting some of the fundamental concepts of past and present compensation regimens--focusing particularly on the federal September 11th Victim Compensation Fund of 2001 (9/11 Fund), of which I served as Special Master--Professor Farber argues that an innovative but modest system of compensation might be established to compensate "victims" of climate change, while simultaneously punishing "responsible parties" who "cause" the damage and injury. Professor Farber acknowledges that "designing a fair and efficient system of compensation for climate change damage poses great challenges," adding that "even a modest effort at compensation may be politically infeasible."

He is wise to hedge his bets. The conceptual framework he advances is so fraught with problems, he should remember the adage, "be careful what you wish for." Nevertheless, Professor Farber's arguments for "some form of rough justice" offer important food for thought for anybody interested in the critical subject of climate change and how remedial steps to combat the problem might be implemented.