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Climate Change

Environmental Justice, Just Transition, and a Low-Carbon Future for California

We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just...

The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures

In recent years, the drumbeat for more expansive climate-related corporate disclosures has grown louder and more consistent within a broader swath of the financial community. This intensifying call argues for considering more climate-...

Democracy Defense as Climate Change Law

In 1990, when the Clean Air Act (CAA) was last substantially amended, atmospheric carbon dioxide levels stood at about 350 parts per million (ppm). Now they are close to 414 ppm, and the U.S. Congress has not amended the CAA despite...

Climate Change and the Role of Emerging Economies

The principles of “common but differentiated responsibility” (CBDR) and sustainable development play an integral role in international environmental law. However, these principles have come under fire in recent years, particularly from...

Climate Engineering Under the Paris Agreement

Recent assessments of the international community’s ability to hold the increase of global average temperature to well below 2°C, while pursuing efforts to limit that increase to 1.5°C, indicate that this goal is unlikely to be achieved...

Learning From Tribal Innovations: Lessons in Climate Change Adaptation

Although a vast literature focuses on the efforts of states on climate change, they are not the only sovereigns who are working to address its negative impacts. This Article argues that though tribal governments are not part of the...

Electric Utility Wildfire Liability Reform in California

As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and...

A Mount Laurel for Climate Change? The Judicial Role in Reducing Greenhouse Gas Emissions From Land Use and Transportation

Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires...

The Constitutionality of Taxing Agricultural and Land Use Emissions

Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries...

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could...

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