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Climate Change

Designing the New Green Deal: Where’s the Sweet Spot?

The Donald Trump years have been painful for advocates of a forceful U.S. response to climate change. The White House has pulled out of the 2015 Paris Agreement, tried to revive coal, and moved to scuttle landmark U.S. Environmental...

Mitigating Climate Change Through Transportation and Land Use Policy

A number of U.S. state and local governments have adopted strategies for reducing greenhouse gas (GHG) emissions from transportation and land development. Although some have made significant progress in reducing GHG emissions from the...

Is Meat the New Tobacco? Regulating Food Demand in the Age of Climate Change

Switching from a meat-heavy to a plant-based diet is one of the highest-impact lifestyle changes for climate mitigation and adaptation. However, conventional demand-side energy policy has focused on increasing consumption of efficient...

Beyond Politics: The Private Governance Response to Climate Change

When the United States withdrew from the Paris Climate Agreement, 100 private corporations reaffirmed their commitment to fighting climate change. While governments are often tasked with facing climate change, many major private...

China’s Emissions Trading System: What the United States and China Can Teach Each Other

China is working hard on an ambitious policy to become a world leader in addressing climate change, with plans to transform its energy policy primarily using carbon emissions trading. The National Development and Reform Commission...

An American (State) in Paris: The Constitutionality of U.S. States’ Commitments to the Paris Agreement

In June 2017, President Donald Trump confirmed that the United States will withdraw from the Paris Agreement. Almost immediately, individual states began to pledge their commitments to the Paris Agreement despite the lack of federal...

Legal Pathways to Deep Decarbonization: Postscript

With this Article, ELR News & Analysis concludes our year-long series of excerpts from Legal Pathways to Deep Decarbonization in the United States, forthcoming from ELI Press. We believe the urgency and importance of this topic,...

Castles—and Roads—in the Sand: Do All Roads Lead to a “Taking”?

The law has been slow to acknowledge the unprecedented nature of sea-level rise. Unless and until the law adapts, past case law on coastal hazards exacerbated by sea-level rise provides the best guidance. This Article critically...

Financing at the Grid Edge

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI Press), discusses legal impediments and solutions for...

Preventing Industrial Disasters in a Time of Climate Change: A Call for Financial Assurance Mandates

Financial assurance mandates (FAMs) may help induce coastal industries to invest in climate change adaptation. FAMs require companies to prove that they can pay for the liabilities they may incur—whether by drawing on their own...

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