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Prescribed Fire in Wilderness Areas in a Post-Chevron World

In order to manage California wilderness areas to preserve their natural and untrammeled character, as required by the Wilderness Act, federal land management agencies should adopt interpretations of the Act that allow prescribed burning and Indigenous cultural burning in areas where it existed pre-colonialism.

Local Environmental Impacts of Data Center Proliferation

Demand for data centers is increasing worldwide, raising questions about the electric grid, the transition to renewable energy, and distribution infrastructure. Northern Virginia is home to data centers that process nearly 70% of global digital traffic, leading officials to call for construction, at ratepayers’ expense, of new power plants and new transmission lines across four states, as well as the continued operation of coal-powered plants that had been scheduled to go offline.

Spraying the Skies: Stratospheric Aerosol Injection and Human Rights

Little has been said on how the just transition to a decarbonized world relates to the human right, recently recognized by the United Nations General Assembly, to a clean, healthy, and sustainable environment. This Article explores this relationship and how to build a framework that guides current and future climate change endeavors. It argues that the human right’s substantive and procedural content must incorporate just transition claims, which would help resolve whether and how to advocate for specific climate measures.

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.

From RPS to Carbon: An Evolutionary Proposal

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.

Subsidies for Direct Air Capture: Lessons From the Solar Industry

The name of the climate game right now is fast, sustained progress. The world needs this both politically and technologically to effectively fight climate change. Progress was achieved both politically and technologically with the Inflation Reduction Act of 2022 (IRA), which allocated $369 billion to “energy security and climate change,” amounting to the United States’ largest investment in climate action to date.

Resilient Carbon

Carbon offsets allow polluters to pay someone else to reduce, avoid, or remove emissions to counterbalance their own emissions. For some, carbon accounting concerns render offsets a necessary evil to be tightly regulated on the path toward decarbonization. For others, moral and political concerns render offsets a dangerous mistake to be thrown out of the climate law toolbox.

Drones and Environmental Monitoring

Aerial drones are emerging as an effective tool for environmental monitoring and enforcement because of their ability to reach areas that would be otherwise inaccessible or cost-prohibitive. However, the regulatory framework has not developed as fast as the technology, raising concerns. As EPA and other agencies consider using drones to monitor industrial sites and farmland, many landowners claim it would be an invasion of privacy. Using drones for inspections also raises legal questions about information obtained from drone flyovers and the associated evidentiary requirements.