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Climate Change

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...

Financial Assurance Mandates: No Substitute for Agency Expertise and Oversight

Zachary Arnold’s article on financial assurance mandates (FAMs) highlights an important issue of growing urgency: the exposure of industrial facilities—-many with toxic products or by-products—to risks of flooding exacerbated by sea-...

The Future of FAMs

Zachary Arnold’s proposal of a policy framework to prevent coastal industrial disasters is quite timely, coming as it does after the 2017 hurricane season on the East Coast, followed by the equally devastating wildfire season in the...

Applying a FAMiliar Question of Climate Change Scope and Scale: Financial Assurance Mandates and Coastal Risk Management

Just as our coasts have been defined and shaped by their surrounding lands and waters, the future scale and scope of climate change impacts in any one location will—in part—be defined by geography and surrounding landscape. Zachary...

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