Jump to Navigation
Jump to Content

Climate Change

Realizing China’s Paris Commitment to Addressing Climate Change: Challenges and Legal Solutions

Since 1990, China’s carbon emissions have increased 73% due to economic growth. Although China’s emissions per capita are only about one-fifth of those from the United States, China is the largest emitter in the world. China signed the...

Unlocking Willpower and Ambition to Meet the Goals of the Paris Climate Change Agreement (Part One): Shifting Needs of Law, Policy, and Economics

This Comment, the first of a two-part series, examines the nexus between willpower and ambition in the context of the Paris Agreement and its domestic implications worldwide, and identifies key elements of a more integrated, systematic...

Pulling the Second Lever: Regulating Black Carbon to Combat Global Warming

Black carbon, a component of soot and the result of incomplete combustion, is one of the most climate-forcing substances in existence. While black carbon is currently unregulated internationally, the technology to substantially reduce...

Whose Coast Is It Anyway? Climate Change, Shoreline Armoring, and the Public’s Right to Access the California Coast

The public trust doctrine provides that a state holds its tidelands, submerged lands, and navigable waters in trust for the benefit of the general public. California has codified the principles of this doctrine through various statutes...

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 “...