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Climate Change

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...

Financial Assurance Mandates: A Mechanism to Prevent Climate-Induced Industrial Disaster

The challenge of inducing risk reduction and adaptation practice is not a purely environmental one, but the vast impacts of acute and chronic environmental events and changes associated with climate change extend across socioeconomic...

Decarbonizing Light-Duty Vehicles

Reducing the United States’ greenhouse gas emissions by at least 80% from 1990 levels by 2050 will require multiple legal pathways for changing its transportation fuel sources. The Deep Decarbonization Pathways Project (DDPP) authors...

Zeroing Out Climate Change: A “Hard Look” at Trump’s Social Cost of Carbon

President Donald Trump has referred to climate change as a “hoax,” and in March 2017 issued Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directs federal agencies to discontinue...

Superstorm Sandy at Five: Lessons on Law as Catalyst and Obstacle to Long-Term Recovery Following Catastrophic Disasters

Nine of the 10 costliest U.S. hurricanes on record have ravaged the Atlantic and Gulf Coasts in the first two decades of the 21st century, yet federal, state, and local governments continue to struggle with devising an efficient and...

Managing Property Buyouts at the Local Level: Seeking Benefits and Limiting Harms

Efforts to conduct buyouts of at-risk properties are an increasingly popular resilience tool, especially in response to massive flooding losses in recent years and the financial predicament of the National Flood Insurance Program. Calls...

Legal Pathways to the Broad Use of Negative Emissions Technologies and Direct Air Capture of Greenhouse Gases

Deep decarbonization will have to explore the use of negative emissions technologies (NETs), which include the direct air capture (DAC) of ambient carbon dioxide. NETs capture or consume more carbon dioxide than they emit, and DAC is a...

The Case for Corporate Action on Climate Change

Corporate America does not speak with one voice on climate change. On the one hand, hundreds of companies recognize the gravity of the environmental, social, and economic disruption that the majority of climate scientists are predicting...