This Article, which is adapted from Goran Dominioni & Daniel C. Esty, Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes, 65 Ariz. L. Rev. 1 (2023), proposes a taxonomy of approaches to comparing climate policies implemented in the importing and the exporting countries and analyzes their relative strengths.

Prof. Felix Mormann’s introduction in Climate Choice Architecture masterfully highlights the pivotal role of behavioral change in tackling the global climate crisis, and underscores the profound impact of choice architecture—subtle changes in decision environments—on influencing climate-conscious decisionmaking. Drawing from the seminal works of Nobel Laureate Richard Thaler and Prof. Cass Sunstein, Professor Mormann champions the strategic use of small “nudges” to guide individuals and organizations toward sustainable outcomes.

Prof. Felix Mormann’s Climate Choice Architecture comprehensively catalogs and classifies different types of nudge interventions that can be used to combat climate change. He argues that choice architecture can complement command-and-control mandates, market-based incentives, and other forms of regulation while also acknowledging its limitations.

Successful climate change mitigation and adaptation require behavioral change at an unprecedented scale. Fortunately, behavioral research has proven that minor tweaks to the choice environment can usher in a paradigm shift toward more climate-friendly decisionmaking. This Article makes the case for greater reliance on choice architectural nudges as a catalyst for more climate-friendly decisionmaking across a wide range of contexts.

Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.