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Climate Change

Climate Change in the Endangered Species Act: A Jurisprudential Enigma

When the ESA was drafted, no one could have foreseen climate change, much less thought seriously about how the ESA should address species loss on a warming earth. Climate change blows up the ESA’s operative mandate for federal agencies...

The Supreme Court’s Stay of the Clean Power Plan: Economic Assessment and Implications for the Future

The Clean Power Plan (CPP) is expected to play an important role in reducing U.S. greenhouse gas emissions. In February 2016, responding to appeals from some of the affected industries and states, the U.S. Supreme Court issued a stay...

The Local Official and Climate Change

It is well-known that land use patterns can affect climate change—particularly the relation between land use development and transportation infrastructure. Yet even the most aggressive efforts to address climate change have largely...

Creating Legal Pathways to a Zero-Carbon Future

An essential part of the decarbonization challenge is proposing, analyzing, and comparing various legal pathways to that result in each individual country. Those legal pathways should be capable of reducing greenhouse gas emissions at a...

Grandfathering Coal: Power Plant Regulation Under the Clean Air Act

In their book Struggling for Air: Power Plants and the “War on Coal,” Richard Revesz and Jack Lienke detail the history of the Clean Air Act and the political compromises that led to exempting existing power plants from...

Putting a Carbon Charge on Federal Coal: Legal and Economic Issues

U.S. policy to limit greenhouse gas emissions is driven, in part, by the U.S. Environmental Protection Agency’s proposed Clean Power Plan, which seeks a drop in carbon dioxide (CO2) emissions from fossil-fueled power plants—a “...

Informing Investors of Climate Risk: The Impact of Securities Laws in the Environmental Context

Investors, regulators, and shareholders have shown increasing interest in the information that corporations do and do not disclose about potential climate risks. Legal requirements in this area are complex, governed by an amalgam of...

NEPA Review of Climate Change

The 2014 Draft Guidance issued by the White House Council on Environmental Quality (CEQ) has substantially increased understanding about how NEPA can contribute to informed consideration of the accelerating impacts of climate change....

The Practice of Sustainability at Colleges and Universities

Colleges and universities that seek sustainability have a wide range of support organizations to draw upon for advice and tools. Such schools can also learn by studying the best sustainability operating system (SOS) practices adopted by...

The 2015 Paris Agreement on Climate Change: Significance and Implications for the Future

On December 12, 2015, nearly 200 countries created a major new agreement on climate change, accompanied by national commitments to act. The Paris Agreement has rightly been celebrated as a breakthrough, but was unquestionably...