There is significant research literature that has studied the civil enforcement process, but we still have a poor understanding of how the Agency uses its criminal enforcement tools to enforce compliance with CERCLA. We work to fill this gap by exploring charging and sentencing patterns in federal CERCLA prosecutions.

In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.

Faced with the growing threat of climate vulnerability, many have turned to the idea of geoengineering. However, many environmentalists and human rights advocates are wary of the risks related to geoengineering. At present, there is no international agreement that governs the deployment of geoengineering technologies. This Article explores a rights-based approach for the governance of geoengineering in international law, including the impetus, rationale, and options for implementation.