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Leaking Methane: Natural Gas, Climate Change, and Uncertainty

Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions.

A National Security Threat Without Borders: Climate Change and the Need for Military Facility Modernization

The U.S. military has recognized climate change as a national security threat. Over the past three decades, installations across the country have experienced infrastructure damage, personnel evacuations, and millions or billions in rebuilding or repair costs. This Article argues that most military facilities are woefully unprepared for these impacts; to expedite action, it calls for a focus on expanding Other Transaction Authority (OTA) for infrastructure-related procurement, as well as specific measures, mandates, and responses.

Failure-to-Adapt Climate Litigation at 20: An Underused Tool?

As the prospects of significantly mitigating climate change through emissions reductions become dimmer, the critical necessity of adaptation has become clearer, with failure-to-adapt litigation possibly playing an important role in bringing adaptation measures to pass. Based on a review of every adaptation-related case in the U.S. Climate Litigation Database maintained by the Sabin Center for Climate Change Law, this Article offers the first comprehensive assessment of failure-to-adapt litigation in the United States.

How to Blow Up a Solar Farm: Local Opposition to Renewable Energy Projects

Local opposition to siting of wind and solar energy projects stands to threaten the renewable energy transition in New York State. The state government has sought to quell this opposition by statutorily requiring developers to provide community benefits as a condition of their permits. One way these benefits are secured is through host community agreements (HCAs), with the developer typically agreeing to make payments to the municipality from project revenue in exchange for the municipality promising not to oppose the project during the state permitting process.

Understanding Stringent Due Diligence in the ITLOS Advisory Opinion on Climate Change

In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on climate change under international law. It unanimously determined that State Parties to the United Nations Convention on the Law of the Sea have specific obligations to take all necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions.

Living the Good Life in the Anthropocene

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization.

Interconnection Queues: Gatekeeping Renewable Energy

Interconnection queues across the United States prevent renewable energy projects from connecting to the grid because of their years-long backlog. Current procedures are increasing the number of projects that withdraw from the queue and the time it takes for renewable projects to seek approval. This Article examines the recent reforms taken by two regional grid operators, the Pennsylvania-New Jersey-Maryland Interconnection (PJM) and the Midcontinent Independent System Operator.

Sea-Level Change Science for Decisionmakers

Among the many detrimental impacts from climate change, sea-level rise is one of the most damaging, costly, and devastating. Sea-level change poses particular challenges for coastal communities, and is becoming more prevalent in environmental law. Existing scientific literature about how sea-level change works can often be inaccessible to the people that need it. In addition, each coastal community experiences a unique combination of global, regional, and local factors that define sea-level change.

Coastal Migration With Dignity: Safeguards for Vulnerable Communities

Sea-level rise is a common denominator that prompts two related but distinct types of coastal migration: (1) wealthy coastal communities that retreat inland to ensure their physical and economic security while encroaching on the neighborhoods of existing vulnerable communities; and (2) vulnerable Native Alaskan communities that relocate inland to ensure their survival while striving to retain their cultural identity.

Climate Migration as Climate Resilience: A Case Study of Orlando, Florida

As the United States and the global community figure out how to address climate migration, local governments can and have already been preparing for it. Planning for climate migrants is a part of climate resilience. This Comment calls on local governments, community groups, and individuals to make a stand for how their communities will address climate change, focusing on climate migration. Local governments have tremendous power when it comes to future development.